


D 


Sigilly, 


~~ 


Memorial Collection 
DUKE UNIVERSITY LIBRARY 


ESTABLISHED BY THE 
FAMILY OF 


COLONEL FLOWERS 





George Washington Flowers 



























* i tae 6 Fe ch 





Noy bl, Gia a: . 


men oe DLINGS 


OF THE 


LAGISLATURE OF NORTH CAROLINA 


RAGULAR SieslON«OF 18383, 


The News and Observer, 


LOG mie R With SKETCHES OF THE MEMBERS. 





RALEIGH: 
NEWS AND OBSERVER PRINT 
1883. 








: 


¢ 





PROCHEDINGS 


OF THE 


GHNHRAL ASSHMBLY 


OF 


NORTH CAROLINA, 


Af ITS REGULAR SESSION, 1883. 





* SENATE. 
FIRST DAY. 
Wepnespay, January 8. 

The Senate was called to order at 12:25 
by the President, Lieutenant-Governor Rob- 
inson, and the clerk, R. M. Furman, was di- 
rected to call the roll uf the Senatorial dis- 
tricts. 

When the first district was called Mr. S. J. 
Halstead came forward and presented his 
certificate of election. 

Mr. Caho said that he desired to state that 
the seat of Mr. Halstead would be contested 
by Mr. J. M. Woodhouse. , 

The President stated that in conformity 
with law and precedents the Senator hold- 
ing the certificate would be sworn in ac- 
cordingly. 

Judge McKoy preceeded to administerthe 
oath of office to such Senators as presented 
certificates, and forty-five Senators were 
qualified and took their seats. 

The following Senators were absent: 
Messrs. Clarke, Loftin, Morrison, Neil and 
Toon. 

Mr. Pinnix stated that Mr. Neil was ab- 
sent on account of sickness. 

A quorum being present,the President an- 
nounced that it was in order to proceed with 
the further organization of the Senate, and 


_ the first business in order was the election of 


PRINCIPAL CLERK. 

Mr. Pinnix nominated R. M. Furman, of 

Buncombe, who received forty-two votes, 
-and was declared elected. 
me READING OLERK. 

Mr. Caho nominated Wm. H. Bledsoe, of 
Wake, and he received forty-two votes, and 
was elected. 

ENGROSSING OLERK. 


peo 






Mr. Linney nominated C. H. Armfield, of 
Tredell, eceived 388 yotes and was 
elected. at ; 





PRINCIPAL DOORKEEPER. 

Mr. Scott, of Rockingham, nominated 
Wiley V. Clifton, of Wake. 

Mr. Mebane nominated W.C. Coats, of 
Northampton. 

Mr. Clifton received 82 votes and Mr. 
Coats 7... Mr. Clifton having"received a ma- 
jority of all the votes cast was declared 
elected. 

ASSISTANT DOORKEEPER. 

Mr. Linney nominated D. McMatheson, 
of Alexander, who received 41 votes and 
was declared elected. ‘ 

The officers elect presented themselves at 
the bar of the Senate, were sworn in by 
Chief Justice Smith, and entered upon their 
various duties. 

RESOLUTIONS. | 

Mr. Dortch, a resolution proposing to 
send a message to the House informing that” 
body of the organization of the Senate and 
of its readiness to proceed to business. 
Adopted. 

Mr. Womack, resolution to appoint a 
committee of three to draft and report 
rules for the government of the Senate, 
which was adopted, and the President an- 
nounced as the committee, Messrs, Wo-' 
mack, Morehead and Purnell. , 

On motion of Mr. Dortch, the Senate ad- 
journed until to-morrow morning at 11 
o’clock. 


HOUSE OF REPRESENTATIVES. 


At 12 o’clock m. the House met for or- 
ganization. The House was called to order 
by J. D. Cameron, principal clerk of the’ 
last House. 

The roll of counties was then ordered,and 
the members elect from the various coun- 
ties came forward to the clerk’s desk, pre- 
sented their certificates of election and 
qualified by taking the oath of office. 


Pr ng 





Robbins, 


Pruitt, Smyth, Spiller, 


2 Proeeedings of the General Assembly of North Caro 


James I, Moore, of Granville, gave notice 
of contest of scat of A. H. A. Williams. 

R. W. Parker, of Northampton, gave 
notice of contest of seat of R. B. Peebles. 

The oath was administered by Mr. C. B. 
Root, justice of the peace. 

On motion of Mr. Bailey, of Mecklen- 
burg, a call of the House was ordered, 
which resulted in a quorum being found 
present. 

The House was then declared ready to 
proceed with organization by electing 
officers, and nominations for Speaker being 


then in order the following gentlemen were ' 


placed in nomination: : 

Mr. Bailey, of Mecklenburg, put in nom- 
ination Mr. George M. Rose,of Cumberland. 

Mr. E. P. Powers put in nomination Mr. 
J. O. Wilcox, of Ashe. 

Mr. Belcher put in nomination Prof. E. 
BE. Green, of New Hanover. 

The following was the vote: 

For Rose: Abbott, Anderson, Bailey of 
Mecklenburg, Bailey of Wilson, Ball, Baum, 
Byrd of Yancey, Barrett of Pitt. 
Beal, Bennett, Bowen, Brown, Bunn, Cain, 
Cheek, Crouse, Cowell, Forbis, Fulton, 
Gatling, Glenn, Green of Franklin, Gudger, 
Hamilton, Hardy, Harris of Davidson, 
Hayes of Swain, Holt, Houston, Johnson 
of Johnston, King, Lawrence, Leazer, 
Lenoir, Liles, McAllister, McCotter, Mc- 
Curry, McLoud, Marsh, Matheson, Mathis, 
Myers, Overinan, Patrick, Peebles, Person, 
Philips, Posey, Powers of Cleaveland, 
Ray, Reade of Person, Reynolds, Riggs, 
Sherrill, Simmons, Stanford, 


Steed, Stewart, Stringfield, Strudwick, 


: Tate, Thompson, Tomlin, Walker, Wil- 
 jiams of Granville, Williams of Sampson, 


Wilson, Wood, Worthington. Total, 69. 
For Wilcox: Baker, Biedsoe, Bradley, 
Bridgers, Bruce, Bullock, Candler, Car- 
rington, Eaton, Green of New Hanover, 
Grissett, Harris of Wake, Hayes of Robe- 
son, Henderson, Holton, Jenkins, Lan- 


‘dreth, Leary, Lineback, Mitchell, Mont- 


gomery, Newby, Newell, Nixon, Page, Pit- 
man, Poe, Powers of Cumberland, Proctor, 
Stokes, Sutton, 
Temple. Total, 35. Messrs. Glenn aud 
Page were tellers. : pir 

Mr. Rose having received a majority over 
all competitors, of thirty-two was declared 
elected. : = 

Messrs. R. B. Peebles, of Northampton, 
and B. R. Page, of Jones, were appointed 
a committee to inform Mr. Rose of his elec- 
tion and to conduct bim to the chair. 

Mr. Rese on being conducted to the 
chair accepted the position in a short and 
graceful speech. He said: 

I desire to return to you my heartfelt 
thanks for the high honor you have paid me 
in electing me your presiding oilicer. I 
shall bring to the discharge of the duties 
of that office all the fairness, all the impar- 





a en EE EE SSE 


ee 


f ( ¥ ¥ 
tiality and all the ability I possess, but in 
discharging its duty I shall be Sap ee to 

nd and S 
cordial consideration that I feel and know — 


rely in a great measure upon that 






cach member of this body is disposed to ps 


accord to its Speaker. 
legislate for the people of North Carolina, 
and in our deliberations here let us not be 
carried away too much by party zeal and 
party influence, but let each man resolve — 
for himself that so far as he is con- 
cerned he proposes to legislate for the 
best interest of North Carolina. If this res- 
olution is made and adhered to, when this 
General Assembly shall have adjourned and 
the Speaker shall rap his gavel for the last 
time, it will deserve and receive the plaud- 
its of the people, and they will say well 
done. ; 

Nominations were then declared in order 
for principal clerk, and Mr. J. D. Cameron 
was placed in nomination by Mr. J. D. 
Glenn, and seconded by Mr. Page. A 
ballot being had, Mr. Cameron received 101, 
all the votes cast, and was declared elected. 

The rules of the last House were on mo- 
tion made the rules of the present. 

On motion of Mr. Stanford,of Duplin, the 
House adjourned until 10:30 a. m. to-day. 


SENATE. 
SECOND DAY. 


Tuurspay, January 4, 1883. 

Senatre.—The Senate was called to order 
at 11 o’clock, President Robinson in the 
chair. 

Prayer by the Rev. Mr. Watkins, pastor 
of the First Presbyterian church of this city. 
The journal of yesterday was read and 
approved. 

Messrs. Clarke, Loftin and Toon pre- 


sented their credentials, were sworn in by - 


C. B. Root, Esq., and took their seats. 
INTRODUCTION OF BILLS. 

Mr. Dortch—A bill entitled an act re- 
vising and consolidating the public statutes 
of the State. Calendar. 

Mr. Richardson—A Dill to repeal the 
prohibition act passed at the session of 1881. 
Calendar. 

Mr: Pinnix—aA bill to repeal the prohibi- 
tion act of 1881. Calendar. 

Mr. Battle—A bill to repeal the prohibi- 
tion act of 1881. Calendar. 





On motion of Mr. Pinnix the rules were _ 


suspended and his bill was taken up, and 
after some discussion, passed its several 


e have met to — 


readings and was ordered to be engrossed. _ 


Mr. Pinnix—A Dill to provide for a rail- 


road commission and for other purposes, 


was ordered to be printed and referred to Ay 


the judiciary commiitee. : 

Mr. Caho—A resolution of inquiry as to” 
whether 8. J. Halstead is entitled to a seat 
in this Senate. Referred to committee on 


ee Tet awe 
privileges one One, . 









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wy, 
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—A. = 


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Aer 
Ne) 





Carolina into nine Congressional districts. 
_ Placed on calendar. 
Mr. Dortch—A resolution providing that 


the judiciary committee of the two houses 


constitute a joint select committee to take 
into consideration the necessity or the pro- 
priety of increasing the number of the ju- 
dicial districts in the State and of the estab- 
lishment of criminal courts, and report by 
bill. Adopted and sent to the House for 
concurrence. 

Mr. Dortch—A resolution to raise a joint 
select committee composed of ten on the 
part of the Senate and twelve on the part of 
the House, to take into consideration the re- 
port of the commission to revise and con- 
solidate the public statutes of North Caro- 
lina. Adopted and sent to the House for 
concurrence. 

Mr. Morehead—A bill to cede to the 
United States alot or tract of land in the 
city of Greensboro. Passed its several 
readings under a suspension of the rules. 

Mr. Clarke—A bill to authorize the elec- 
tion of county commissioners and magis- 
trates by the people in the various counties 
in the State. Referred to the judiciary 
committee. 

Mr. Clarke—A bill to provide for the 
working of the public roads of the State by 
faxation. Referred to the judiciary cor- 
mittee. , 

Mr. Payne—A bill concerning the regis- 
tration of deeds. Referred to the commit- 
tee on judiciary. 

Mr. Purnelli—A_ bill to repeal chapter 141, 
laws of 1876-77, entitled ‘‘An act to eslab- 
lish county governments and to restore 
local self-government.” Calendar. 

Mr. Womack—Resolution to raise a com- 
mittee on joint rules for the government of 
both houses. Adopted. 

Mr. Pemberton—Bill accompanied with a 
memorial from certain citizens of the town 
of Albemarle, to repeal the local prohibition 
act relating to said town. Placed on the 
calendar. 

Mr. Hill—Bill to amend section 5, chapter 
284, laws of 1881. Referred to the judiciary 
committee. 

Mr; Scott, 


of New Hanover—Bill to 


_ amend chapter 200, laws of 1879, so that the 


provisions of said chapter shall not apply 
_ to New Hanover county. 
Mr. Payne—Resolution of instruction to 


re 
the Senators and Representatives from 





North Carolina in the Congress of the 
United States in relation to the tariff and 
infernal revenue laws. Lik 

Whereas, the present tariff is onerous, 
unfair and burdensome to the people of 
North Carolina, and has proven a heavy 
embargo laid upon southern toil and south- 
ern industry; and whereas the system of 
internal revenue laws now in force is in- 
quisitorial 













d oppressive to our people ;_ 


At its Regular Session, 1883. 


Mr. Womack—Two bills to divide North , 


3 


and whereas the method of collecting the 


. revenue of the Federal government, known 


| 





as the internal revenue, has proven a fraud 
upon the rights of this people and subver- 
sive of honest government; and whereas 
the elective franchise has often been de- 
bauched by revenue officials ; therefore, be it 
resolved by the Senate, the House of Rep- 
rerentatives concurring : 

1. That our Representatives and Senators 
in Congress be, and they are hereby in- 
structed, to urge a modification or reduc- 
tion of the present tariff, and a repeal of 
the internal revenue laws, and if a total re- 
peal of the revenue laws cannot be secured 
or the same should be deemed inadvisable, 
then, and in such event, that they demand 
inthe interest of the citizens such a repeal 
or modification of the internalrevenue laws 
as will afford substantial and speedy relief. 

2. That they be further instructed to urge 
in behalf of the people of this State (in the 
event a total repeal of the revenue laws 
cannot be secured) such an amendment to 
the existing law or laws as will render rey- 
epue Officials violating the laws of this 
State amenable to, and not above the State 
law. Referred to judiciary committee. 

_ MESSAGE FROM TH HOUSE 
transmitting the intelligence of its organi- 
zation and of its readiness to proceed to 
business, and proposing to raise a joint 
committee of three on the part of the 
House and two on the part of the Senate to 
wait upon his Excellency, the Governor, 
was concurred in, and the president ap- 
pointed Messrs. Alexander and Haves to 
represent the Senate. Subsequently Mr. 
Alexander reported that the committee had 
waited upon the Governor, and his Excel- 
lency had signified his intention to com- 
municate by message to-day to the General 
Assembly. 

MESSAGE FROM THE HOUSE 
transmitting a communication from his 
Excellency, the Governor, with a proposi- 
tion to print 1,000 copies of the same, and 
asking the concurrence of the Senate. 

The president said he was of the opinion 
that a recent act of the Legislature fixed or 
specified the number of copies of such doe- 
uments to be printed, and also required 
that it should be done prior to the meeting 
of the General Assembly, hence he thought 
it would be unnecessary to concur in the 
proposition to print. 

On motion of Mr. Pemberton the Senate 
declined to concur. 

_ PRIVILEGES AND ELECTIONS. 

The president announced the following 
committee: Messrs. Jones, Caho, Black, 
Purnell, Morrison, Dotson and Clark. 

On motion the Senate adjourned until 
to-morrow morning at 11. 


* 






at Rath ! 
4 Proce dings of the General Assembly of North Ca 
HOUSE OF REPRESENTATIVES. nomination. A ballot being he 


At 10:30 a. m. the House was called ,to or- 
der by the Speaker. 

Prayer by Rey. Dr. Watkins. 

Yesterday’s minutes read, 
correction approved. 

The House then proceeded to perfect its 
organization by the election of its remain- 
ing officers. 

Bioniinations for the office of Reading 
Clerk being in order, Mr. Overman, of 
Rowan county, placed the name of Mr. W. 
G. Burkbead, of Catawba county, in nomi- 
nation. Mr. Page, of Jones county, placed 
in nomination the name of Mr. J. T. Wil- 
son, of his county. 

The chair appointed Messrs. Overman 
and Page tellers. Upon a ballot the vote 
stood as follows : 

Burkhead—Messrs. Abbott, Anderson, 
Bailey of Mecklenburg, Bailey of Wilson, 
Barrett, Baum, Beal, Bennett, Bowen, Bunn, 
Byrd, Cain, Cheek, Crouse, Cowell, Forbis, 
Fulton. Gatling, Glenn, Green of Franklin, 
Gudger, Hamilton, Hardy, Harris of David- 
son, Hayes of Swain, Holt, Houston, John- 
son of Johnston, King, Lawrence, Leazer, 
Lenoir, Liles, McAllister. McCotter, McCur- 
ry, McLoud, Marsh, Matheson, Mathis, 
Beau Overman, Patrick, Peebles, Person, 


and after 


Philips, Posey, Powers of Cleaveland, Ray, - 


Reid of Gaston, Reynolds, Riggs, Robbins, 
Rose, Sherrill, Simmons, Smyth, Stanford, 
Steed, Stewart, Stringfield, Strudwick, Sut- 
ton, Tate, Thompson, Tomlinson, Turner, 
Williams of Granville, Williams of Sampson, 
Williamson, Wilson, Wood—72. 

Wilson—Messrs. Ball, Belcher, Bledsoe, 
Bridgers, Bruce, Bullock, Candler, Carring- 
ton, Dixon, Eaton, Frazier, Green of New 
Hanover, Grissett, Harris of Wake, Hayes 
of Robeson, Henderson, Holton, Jenkins, 
Johnson of Craven, Leary, Lineback, 
Mitchell, Newby, Newell, Newsom, Nixon, 
Page, Pitman, Powers of Cumberland, Proc- 
tor, Reade of Person, Spiller, Stokes, Tem- 
ple, Waddell, Wilcox—s6. 

Nominations for Principal Doorkeeper 
being next in order, Mr. Overman placed in 
nomination the name of Mr. D. R. Julian, 
of Rowan. Mr. Speller, of Bertie, placed 
in nomination the name of Mr. Wm. San- 
derlin, of Bertie. The vote was as follows: 
Julian 81; Sanderlin 22. 

Nominations for Assistant Doorkeeper 
being in order, the following names were 
placed in nomination: Mr. J. P. Noxton, of 
McDowell, by Mr. C. M. McCloud; Mr. 
Weldon Montgomery, of Warren, by Mr. 
H. B. Eaton, and Handy Lockhart, of 
Wake, by Mr. E. E. Green. The ballot 
stood as follows: Norton 80; Montgomery 
3; Lockhart 20. ' 

The election of Engrossing Clerk being 





the next in order, Mr. Stanford»placed the - 


name of Mr. W. J. Barrett, of Lenoir, in 














rett received 98 votes, all the votes ea 

The officers elect came forward 2 
ified by taking the oath of office. — 

The House was then declared org 
for the transaction of business, — 

A message was received from the Senat 
announcing that body organized and ready 
for the transaction of business, ya 

On motion of Mr. Glenn a message was 
ordered to be sent to the Senate announc- 
ing the organization of the House and pro- 
posing a joint committee to be appointed 
to wait upon the Governor and notify him 
of the organization of the Senate and House. 
The chair appointed as a committee on the 
part of the House, Messrs. Glenn, Holt and 
Holton. ; my 

On motion of Mr. Worthington a com- — 
mittee of five was ordered to be appointed 
to prepare rules for the government of the 


ia, 
Pw 


House. The chair appointed Messrs. 
Worthington, Bunn, Tate, Peebles and Pace. 
MEMORIALS. 


Mr. Bullock presented the memorial of 
George H. Parker, Esq., of Northampton, — 
contesting for the seat of R. B. Peebles 
Esq. 

Mr. Powers presented the memorial of 
James I. Moore, Esq., contesting for the 
seat of A. H. A. Williams, Esq., of Gran- 
ville. 

RESOLUTIONS. 

By Mr. Bower—A resolution relative to 
the repeal of the United States reyenue sys- 
tem. 

By Mr. Lenoir—A_ resolution relative to 
the repeal of the United States revenue sys- 
tem. re 


BILLS. ‘ 
The following bills were introduced and 
disposed of as follows : ve 


By Mr. Cowell—A bill to confirm the do- 
nation of land and right-of-way in the town 
of Edenton. Referred to committee on 
corporations. 

By Mr. Bailey, of Mecklenburg—A bill to 
repeal the prohibition law. Placed on the 
calendar. " 

By Mr. Bailey, of Mecklenburg—A bill to 
punish embezzlement by attorneys. Calen- 
dar. 

By Mr. Overman—A bill to appoint a 
railroad commission. Calendar. 

By Mr. Page—-A bill to provide for the 
election of magistrates. Judiciary com- 
mittee. j 

By Mr. MeCotter—aA bill to repeal an act 
entitled an act to prohibit the manufacture 
and sale of spirituous liquors. Calendar. 

By Mr. Sherrili—A bill to incorporate the 
Newton Cotton Mills. Calendar. 

By Mr. Baker—A bil! to repeal chapter 
255, laws 1874-75. Calendar. , 

By Mr. Cowell—A bill to change the — 
name of the Elizabeth City and Norfolk 


! sari 


= — 





Railroad Company. Committee on corpo- 
. rations. - 

By Mr. Page—A bill to amend the char- 
ter of the Atlantic Coast Line. Committee 
on corporations. 

Mr. Bailey, of Mecklenburg, during the 
introduction of bills, raised the point that 
no bill relating to the charters of corpora- 
tions could be entertained by the House 
unless accompanied by the State Treas- 

- urer’s receipt for the tax. 

Representatives Williamson, Dixon, 
Frayser, Reid, Johnson, Waddelland Bryan 
came forward and qualified. 

A message was received from the Senate 
announcing the concurrence of the Senate 
in the House resolution to appoint a com- 
mittee to wait upon the Governor and no- 

_ tify him of the organization of the Senate 

and House. 

x The Private Secretary of the Governor 

was announced with the message. 

& The Governor’s message was read, and 

ih on motion, ordered to be sent to the Senate 

i with a proposition to print 1,000 copies. 

On motion of Mr. Tate, a select com- 

_-—s mittee of five was ordered to pass upon all 

resolutions and bills relative to the repeal 

of the revenue system. 

\ On motion of Mr. Glenn, the House ad- 
journed until to-morrow at 11 o’clock. 


SENATE. 
THIRD DAY. 
Tuurspay, January 5, 1888. 


SENATE.—The Senate was called to order 
at 11 o’clock, President Robinson in the 
chair. The journal of yesterday was read 
and approved. 
INTRODUCTION OF BILLS AND RESOLUTIONS. 
The following bills and resolutions were 
introduced and referred to appropriate com- 
mittees or disposed of as follows: 
4 Mr. Pinnix, bill to amend chapter 116, 
laws 1881. 

Mr. Pool, bill to repeal section 1, chapter 
71, laws 1881. 

Mr. Halstead, bill to amend section 1, 
chapter 230, laws 1879. 

Mr. Lyon, bill toamend chapter 150, laws 
1881. 

Mr. Alexander, bill to charter the Loftin 
Silver Mining Company. 

; By the same, bill to charter the Bright 

- Light Gold Mining Company. 
shy y the same, bill to charter the Mikado 
_ Gold Mining Company. 

Mr. Payne, bilf to amend section 10, 
‘chapter 37, Battle’s Revisal, concerning 
alimony. 

Mr. Ramsay, bill to amend section 14, 
chapter 279, laws 1881, entitled an act to 
incorporate the Western Insane Asylum. 
(This act requires the board of directors at 
the opening of said asylum to receivee 100 
patients from the Raleigh asylum, and the | 

















| Wh 





At ite Regular Session, 1883 5 


amendment proposes to reduce that num- 
ber to fifty.) 

Mr. Dotson, bill to provide for the es- 
tablishment of a graded school in the town 
of Statesville. 

Mr. Scott, of Rockingham, bill for the 
relief of the tax payers of Rockingham 
county. [Provides for the extension of time 
of the sheriff to collect and settle taxes. ] 
Subsequently, on his motion, the rules were 
suspended and the bill passed its several 
readings. 

Mr. Pemberton, bill to amend chapter 
166, laws of 1868-69, entitled the landlord 
tenant act. 

Mr. Scott, of New Hanover, bill to repeal 
chapter 127, laws of 1879. 

By the same, bill for the better protection 
ef sheep husbandry. 

Mr. Clarke, bill to amend the charter of 
the city of Newbern. 

Mr. Boykin, billto grade the offense of 
burglary. (Provides that where no per- 
sonal violence is attempted or committed 
by the prisoner, his aiders, abettors, accom- 
plices or accessories, the punishment shall 
not be death, but life imprisonment. ) 

Mr. Boykin, bill to provide for the regis- 
tration of certain deeds. (Provides that 
where there is no subscribing witness to a 
deed. and the grantor refuses to acknowl- 
edge its execution, the grantee, his heirs 
or assignees may give notice to grantor. If 
the grantor fails to appear, probate is had 
and registration ordered. If the grantor 
appears and denies the execution, issue is 
made and certified to Superior Court for 
jury trial.) 

Mr. Mebane, bill to prohibit the sale of 
certain weapons in the State, (such as are 
provided in the act prohibiting the carry- 
ing of coneealed weapons. ) 

Mr. Purnell, bill to prevent convicts who 
are confined in the penitentiary from being 
hired out to work on private contracts. 

Mr. Scott, of New Hanover, bill toamend 
seetion 32, chapter 105, of Battles Revisal. 

Mr. Mebane, bill relative to apprentices. 

Mr. Lyon, bill to provide suitable com- 
pensation for witnesses attending justices 
courts. 

Mr. Mebane, bill to provide for a division 
of the code. 

Mr. Black, bill to repeal chapter 331 of 
the laws of 1879. 

Mr. Dortch, resolution to raise a joint se- 
lect committee to lay off the State into nine 
Congressional districts. On his motion the 
rules were suspended and the resolution 
was adopted. 

On motion of Mr. Pemberton, the rules 
were suspended and his bill to repeal the 
local liquor law so far as it relates to the 
town of Albemarle was taken up and passed 
it several readings. 


On motion of Mr. Womack, the rules 


_ courage 


6 P;oceedings of the General Assembly of North Carol 


were suspended and the two bills intro- 
duced by himself on yesterday to divide the 
State into nine Congressional districts were 
taken up, ordered to be printed and re- 
ferred to the joint select committee on that 
subject. 

Mr. Morehead, bill to authorize and en- 
the. establishment of Graded 
Schools in the State. 

COMMITTEES. 

Engrossed Bills—King, of Cherokee, 
Farmer, Whitford, Richardson, King, of 
Pitt, Lyon, Ramsay. 

Internal Improvements—Watson, King, 
of Cherokee, Pinnix, Epps, Poole, Eaves, 
Scott, of New Hanover. 

Claims-—Webb, Poole, Ebbes, Hampton, 
Neill, Loftin, Gray. 

Propositions and - Grievances—Battle, 
‘Womack, Berry, Costner, McLean, Cozart, 
Speight. 

On motion of Mr. Purnell the Senate ad- 
journed until to-morrow at 11 o’clock. 


HOUSE OF REPRESENTATIVES. 

The House was called to order at 11 
o’clock a. m. 

PETITIONS AND MEMORIALS. 

By Mr. Page, petition from the tax- 
payers of the town of Kinston, asking for 
the establishment of a Graded School in 
that town. 

RESOLUTIONS. 

The following resolutions were intro- 
duced : 

By Mr. Bowers, relative to the repeal of 
the United States revenue system: Select 
committee. 

By Mr. Overman, requesting our mem- 
bers in Congress to use their influence to 
abolish the internal revenue system. Select 
committee. 

By Mr. Green, of Franklin, in regard to 
agriculture and convict labor. Calendar. 

By Mr. Tate, relation to the internal rev- 
enue taxation. 
nal revenue. 

By Mr. Glenn, asking our members in 
Congress to use their influence to have the 
internal revenue laws repealed. Select 
vommittee. 

By Mr. Green, of Franklin, in regard to 
_Engrossing Clerk. On motion the rules 
were suspended and this resolution passed. 

By Mr. Sherrill, asking a repeal of the 
revenue law. Select committee. ; 

By Mr. Poe, concerning the internal rev- 
enue system. Committee on internal rev- 
enue. } 

INTRODUCTION OF BILLS. 

By Mr. Anderson, bill to be entitled an 
act to repeal chapter 95, laws of 1879. Com- 
mittee on propositions and grievances. 

By Mr. Bailey, of Mecklenburg, bill to in- 
corporate the Charlotte Street Railway 
Company. Committee on internal improve- 
ments. 


Select committee on inter- | 





’ poll-tax. 


> 
“a 


By Mr. Bailey, of Mecklenburg. 
cerning deeds and titles to realty 

Also the following bills : ’ 

Bill touching injunetion 
ciary. 

Bill concerning appealable orders. — 
ciary. 
Bill to amend the law relating to notice of 
‘lis pendens.” Judiciary. 

Bill relating to divorce, Judiciary, — 

Bill to amend the laws of 1871-72, chap- 
ter 198, and Battle’s Revisal, chapter 37, re- 
lating to divorce. Judiciary. ' 

Bill to abolish the fees of justices of the 
peace. Judiciary. 

By Mr. Powers, bill to amend chapter 25, — 
laws 1876-77. Judiciary. 

Bill to amend an act to raise revenue, 
chapter 116, section 26, laws 1881. Com- 
mittee on internal revente. ny : 

Bill to amend an act entitled an act fo 
raise revenue, chapter 116, section 25, law: 
1881. Finance. a: 
By Mr. Strudwick, bill to provide that no 
justice of the peace shall be eligible to the 
office of county commissioner. Judiciary. 

By Mr. Beal, bill to amend chapter 116 
laws 1881. Judiciary. : 

By Mr. Proctor, bill to amend the publie 
school law and abolish the office of County 
Superintendent of Public Instruction. Com- 
mittee on education. ; 

3y Mr. Speller, bill to provide for the 
working of the public roads by taxation. 


Judiciary. 
By Mr. Poe, bill to amend chapter 89, 
laws 1881. Judiciary. 


By My. Nixon, bill to‘repeal all laws 
which prohibit the sale of spirituous liquors 
in Perquimans county except in certain lo- 
calities. Propositions and grievances. 

By Mr. Dixon, bill to incorporate the 
Supreme Council of the Maccabees Home 
Aiding Society. Corporations. 

By Mr. Page, bill to provide for the elec- 
tion of county commissioners. Judiciary. 

By Mr. Holton, bill to amend the State 
revenue law in regard toliquors. Finance. 

By Mr. Cowell, bill to incorporate the 
Narrows Island Club." Corporations. 

By Mr. Gussett, bill to relieve persons 
over forty-five years of age from paying 
Finance committee, 

By Mr. Hoiton, bill regulating the duties 
of County Superintendent of Public Instruc- 
tion. Committee on Education. 

By Mr. Gussett, bill to exempt ministers 
of the gospel from poll tax. Committee on 
Finance. 

By Mr. Riggs, bill to repeal chapter 147, 
laws 1881. Judiciary Committee. 

During the introduction of bills Mr. 
Baily, of Mecklenburg, renewed his point 
of order that the receipt of the Treasurer 
for $25 must accompany all incorporating 
bills. He said it was customary for the 
committee to see that it was done, where- 



































point if the money did not accompany the 
pills when reported from the committee. 
_ The morning hour having expired, Mr. 
‘A. H. A. Williams, of Granville county, 
arose to a question of personal privilege. 
Mr. Williams said : 
Me. Spraxer: I rise to a question of 
personal privilege. On yesterday a memo- 
rial was presented to this House and read, 
- signed by my late competitor, James I. 
Moore, Esq., of Granville county, who pro- 
pose to contest the right of my seat in this 
' House. That memorial has been published 
- to the world and as its contents, unr 
- contradicted in advance of an investigation 
by the committee on privileges and elec- 
tions, are calculated to leave a false im- 
- pression and do great injustice to myself 
and the board of canvassers of Granville 
county, I feel it my duty to make an ex- 
planation and depry the allegations con- 
tained in the said nemorial. 
_ That memorial charges that the board of 
county canvassers illegally and unjustly ex- 
cluded the returns of Brassfields township 
in casting uz the vote of the county, and 
thereby deprived him of a sufficient num- 


ber of votes to entitle him to the certificate | 


of election. 
_ Now, Mr. Speaker, what are the facts in 
ah to this township ? 

" he poll holders in making up the returns 
- from that township, instead of reporting 
for which ~articular candidates the votes 
were cast, ated that the following votes 
were cast for members of the Legislature, 
without designating which were cast for 
the Senatorial candidates and which were 


sentatives. 

With such areturn before them it was 
utterly impossible for the county canvass- 
ing board to know what offices the per- 
sons voted for were intended to fill. 

If the board counted any of said returns, 
they would have been compelled to have 
done so on account of their own knowledge 
or heresay, and not from any returns made 
by the pollholders. Without any authority 
oflaw to go behind the returns, and not 
_ being able to distinguish for what offices 
the candidates received votes by said re- 

turns, they could not count them atjall. 

_ And to show tha tthe board of canvassers of 
Granville county acted legally and right, 
their course was confirmed by the State 
oard of Canvassers. For im the returns 


at the following votes were cast 
dges” and ‘‘Solicitors” without 
sociate Justices or the District 


eceived votes. The county board 
Saas and excluded this 


Pg nt 


4 _ east for the candidates for the House of Rep- | 


_ candidates for Superior Court | 


me in the returns for | 


At its Regular Session, 1883 





I 


‘upon Mr. B. said that he would renew the | members of the Legislature, but sent a 


copy of the returns to the State Board of 
Canvassers, and after examination and in- 
vestigation this board did as the county 
board had done, and as they were compelled 
to do,excluded the vote of Brassfields Town- 
ship in counting the vote for State officers. 

It will thus be seen that the State board 
endorsed the action of the county canvas- 
sers. But, Mr. Speaker, this is not all. 
Mr. Moore claims that if the board of 
county canvassers had gone behind the re- 
turns of said township and counted the 
vote, as he claims it ought to have been 
counted, that notwithstanding the error and 
confusion of said returns, he would have 
been elected by twenty-one votes. I claim, 
sir, if the board of canvassers could have 
gone behind the returns of this and other 
townships, I would have been elected by 
more than twenty-one votes, and entitled 
to the certificate for which I hold my seat 
on this floor. It is a notorious fact that 
over twenty-one votes were counted for my 
contestant to which he was not legally en- 
titled. There were other errors and irreg- 
ularities of greater importance and graver 
import to the prejudice of my vote. 

lt is aknown fact that persons not resi- 
dents of Granville, but citizens of the 
county of Vance, voted for my contestant, 
There were votes cast at Tally Ho township 
entitled’ to be counted for me but which 
were counted against me. I will net go in- 
to details. The case is under investigation 
and the facts will all be brought out. Iam 
satisfied that when this is done it will be 
seen that the canvassing board of Granville 
acted legally and.1 was legally elected to the 
seat which I to-day occupy on this floor. 
I think this explanation but just to myself 
and to the canvassing board of Granville 
county, as the memorial referred to is cal- 
culated to leave a wrong impression. 

I invite a full and fair investigation of the 
whole matter, and would scorn the idea of 


| holding a position to which I did not be- — 


lieve I was clearly and honestly entitled to 

hold. I wish the committee on privileges 

and elections would investigate the matter 

at once and make their report, and if upon 

that investigation it is found I did not re- 

ceive a majority of the legal votes of Gran- 

ville county, Iwill most cheerfully yield my 
certificate to my contestant. 

Mr. Bailey, of Mecklenburg, also rose to 
2 question of privilege, and stated that his 
colleague, Col. T. T. Sandifer, was detained 
at home by severe illness. 

On motion of Mr. McLoud, the rules were 
suspended and the following bill passed its. 
several readings: <A bill relating to the In- 
ferior Court clerk’s bonds. 

The chair announced that he had ap- 
pointed Messrs. Tate, Lenoir, Bailey, of 
Mecklenburg, Holton and Cheek as the 
committee On internal revenue. 


areas, 


8 


* Mr. Glenn moved that until further or- 
‘dered that when the House adjourn from 
day to day that it adjourn to meet at 11 
o'clock a. m. 
Mr. Bailey moyed to amend by meeting 
at 10 o’clock a. m. 
Mr. Glenn accepted the amendment. The 
motion was then carried. 
On motion the rules we e suspended and 

a bill authorizing the county commissioners 

of Haywood county to levy a special tax, 
_ passed its first reading. 

MESSAGES. 

A message was received from the Senate 
informing the House that the Senate had 
passed the following resolutions and _ bills: 
z Resolution to appoint a joint select com- 
mittee on the code, consisting of ten from 
the Senate and twelve from the House. The 

House on motion concurred. 

Resolution concerning judicial districts 
in the State. Referred to the committee on 
judiciary. : i, f 

Resolution to appoint a joint committee 
onrules. Concurred in. 

Bill to cede jurisdiction to the United 
States over certain land in Greensboro. 
Rules suspended, passed its several read- 
ings and ordered to be enrolled. 

Bill to repeal the prohibition act. 
ferred to the committee on judiciary. 
On motion the House adjourned. 

[Through error the name of Mr. J. F. 
Byrd, of Yancey county, was omitted in 
 ourrecord of the vote for Speaker. Mr. 
Byrd voted for Mr. Rose. 

Xi The resolutions offered by Mr. Tate are as 
follows: 

Resolved, by the House of Representa- 
tives of North Carolina, the Senate concur- 
ty ring, that the system of collecting the inter- 
yee mal revenue taxes of the United States on 
spirits and tobacco, as practiced under the 
_ present laws is both grievous and oppres- 
sive, and that the inquisitorial powers con- 
ferred on its officials render it odious to the 
sensibilities of a free people. 

-. Resolved, that we view with alarm as 
well as indignation the fact that appoint- 
ments in that service are openly distributed 
in unlimited numbers for purposes of po- 
















> 
ve- 


money are annually levied directly upor 
these officers and indirectly upon the people 
to be used for corrupting the elections, and 
the active employment of the entire body 
of the internal revenue force as partisan 
electionaries; and we dencunce the same 
as a perversion of the public service, a 
fraudulent use of the public money, as cal- 
culated to sap the foundations of public 





bs virtue, and as dangerous to the liberties 
and well being of our people. 

uf Resolved, that the collection of the said 

Fi: taxes for national purposes works injustice 


to our people; nevertheless, we are more 


 Titical bribery; that large assessments of | 


solicitous to be relieved of a system so. 









fruitful of corruption and so fra 
danger to free elections, and the 
Senators and Representatives in Cor 
are hereby requested to use all honorable 
means to have the laws repealed by which 
it is maintained, and, if the public needs 
require, to provide other ways for the col-— 
lection of a reasonable tax on spirits and ‘ 
tobacco. 

[Nore.—Mr. 
Wilson and not J. T. Wilson, for 
Clerk, yesterday. 


* ; atie 
Page nominated Mr. LT. — 
Reading — 


se 


SENATE. 
FOURTH DAY. 
Sarurpay, January 6, 1883. 
The Senate was called to order at 11 
o’clock, President Robinson in the chair. 
The journal of yesterday was read and ap- 
peoved. : ao 


’ 


MEMORIAL. 
' Mr. Webb presented a memorial from 
certain citizens of Cleaveland county asking 
that Ross’s Grove Baptist church be in- 
corporated. Placed on the calendar. 
BILLS AND RESOLUTIONS. : 
The following bills were introduced and — 
appropriately referred or disposed of as fol- 
lows: > 
Mr. Womack, bill for the relief of the 
Supreme Court of North Carolina. (Pro-— 
vides for printing six copies of the trans- 
script of the record in each civil case and a 
fund to be deposited by appellant to pay-for — 
the same.) 
Mr. Purnell, bill to be entitled an act to 
secure to creditors a just division of estate — 
conveyed to assignees for the benefit of 
creditors. (Requires assignments when 
made to be for the benefit of all creditors; — 
insolvent debtors to file sworn schedules of 
their estates with assignments made; as-— 
signees to give bond, and the clerk is given 
jurisdiction of such estates as of estates of — 
deceased persons, to require accounts, dis- — 
tributions of assets and removals for mal- — 
feasance.) ot Suto 4 
Mr. Morehead, bill to acquire title to real 
estate. as’ 
Mr. Berry, bill to amend section 230 
the-Code of Civil Procedure. 
Mr. Toon, bill for the relief of the 
sheriff of Columbus county. — Mg 
Mr. Loftin, bill to prevent magistrates — 
from electing themselves or their relatives 
to office in Lenoir county. he 
Mr. Mebane, bill to authorize the clerks 
of the various courts in the several counties 
of the State to appoint deputies. oh 
Mr. Jones, bill to amend section 8, ehap- 
ter 7, Battle’s Revisal. te ride 
Mr. Black, bill to repeal chapter 1, laws 
1876-77, in relation to the time of holding | 


titled-an act 


State elections. ie 
Mr. Payne, bill to be in ac 
1ap 91, Battle’s Re- 
and witness 7 


of — 

















late 





amend section 6, cha 
visal. [So that pollho 


va ab 


ue 
i oes, 











in proceedings under the processing act 
shall receive same pay as jurors and wit- 
nesses in Superior Court. ] 

‘y Mr. Clarke, resolution of instruction to 
_ the Senators and Representatives of this 
_ Statein Congress, urging them to exert their 
| influence to secure the abolition of all’ tax 
on liquors distilled from fruits. 

4 i Mr. Caho, bill to repeal chapter 368, laws 
Ny 831. 
ig Mr. Jones, bill for the relief of the late 
sheriff of Henderson county. 

Mr. Clarke, bill to create a railroad com- 
mission. (This bill provides for the elec- 
tion of one commissioner by the General 
Assembly.) Ordered to be printed. 

Mr. Purnell, resolution in favor of the 
clerks to the State Board of Canvassers. 
' Authorizes the State Treasurer to pay each 
of them $2.50 per day. Placed on the cal- 
endar, and subsequently, on his motion, 
taken up under a suspension of the rules 
and. passed. 

i Mr. Scott, of New Hanover, bill to extend 
the jurisdiction of justices of the peace. 

| Mr. Lyon, bill relating to catching fish 
in Lumber river and its tributaries. 

Mr. Mebane, bill to prohibit the transpor- 
tation of lumber in the log from this State 
into other States. 

Mr. Webb, bill to repeal chapter 250, 
laws of 1876-7. 

Mr. Linney, bill presenting“a short form of 
indictment for the crimes of perjury and 
murder. 

By the same, bill to protect the agricul- 
tural interest of the State. (This bill makes 
a wilful violation of any contract in writing, 
to perform services on the farm a misde- 
. meanor. ) 

Myr. Boykin, bill regulating pleading in 
justice’s courts. (If the warrant is defective 
by reason of improper deseription of the 

_ ~ offence or misjoinder of parties, advantage 
thereof cannot be taken by motion in arrest 
of judgment, but on y by plea in abatement 





: or motion to quash. 
“ Mr. Mebane, pill to amend the public 
¥ school laws of 1881-82. 


On motion of Mr. Pemberton a message 
was sent to the House proposing to proceed 
to the election of an enrolling clerk at the 
hour of 12m. Subsequently a message was 
received from the House concurring in’the 
proposition. Messrs. Pemberton and Haves 
_ were appointed tellers on the part of the 
Senate. Mr. Pemberton nominated J. M. 
_ Brown, of Montgomery county, and Mr. 

Gray nominated J. C. Dancy, of Edge- 
_ Gombe. The Senate vote stood as follows: 

brown received 33 votes and Dancy 6 

‘essrs. Clarke, Graham, Gray, Lyon, » e- 

bane and Scott, of New Hanover. Mr. 
Pemberton subsequently reported the joint 

ballot as follows: For Brown 112 and for 
; Dancy 31, Vr. Brown having received a 
majority of all the votes cast, was elected. 











ori 
Pate 











i; 


At its Regular Session, 1883 9 


MESSAGE FROM THE HOUSE 

Concurring in the Senate proposition to 
raise a joint select committee to divide 
North Carolina into nine Congressional dis- 
tricts. 

On motion of Mr. Payne, the rules were 
suspended, and his resolution of instruction 
to the Senators and Representatives of this 
State in Congress in reference to the tariff 
and internal revenue question, was re-called 
from the judiciary committee, and taken 
up for consideration, and on his motion was 
amended. Various other amendments were 
offered. Pending their consideration, 

On motion of Mr. Scott, of Rockingham, 
the resolution with all of its amendments 
were referred to a special committee on 
tariff and internal revenue, Messrs. Scott, 
of Rockingham, Payne and Strayhorn. 

Mr. Clarke moved a suspension of the 
rules, in order to take up and consider his 
resolution of instruction to the Representa- 
tives of this State in Congress, urging them 
to use their influence to abolish all tax on liq- 
uors, distilled from fruits, which was agreed 
to, and on motion of Mr. Morehead, it was 
referred to the select committee on internal 
revenue and tariff. 

Mr. McLean, by consent, introduced a 
bill to amend chapter 62, laws of 1873-74, re- 
lating to the sale of cotton between certain 
hours; referred to committee on proposi- 
tions and grievances. 

On motion of Mr. Dortch, a message was 
sent to the House proposing to print 1,000 
copies of the Governor’s message, and the 
usual number of accompanying documents 
as provided by law. 

Leave of absence was granted Messrs. 
Richardson, Alexander, Whitford and Lof- 
tia, until next Tuesday night. 

STANDING COMMITTEES. 

Insane Asylum.—Messrs. Boykin, Toon, 
Whitford, Hampton, Scott, of New Hano- 
ver and Haves. 

Finance.—Messrs. Alexander, Battle, Lin- 
ney, Payne, Poole, Halstead and Ramsey. 

Hducation.—Mesers. Pemberton, Farmer, 
Evans, Costner, King, of Cherokee, Graham, 
and \ ebane. 

Judiciary.— ¥ essrs. Dortch, Boykin Pem- 
berton, Womack, © cLean, Caho, Black, 
Webb, Loftin, and Strayhorn. 

Code.—*essrs. ¥ orehead, Linney, Dortel, — 
Payne, Watson, Pinnix, Jones, Scott, of 
Rockingham, Purnell and Clarke. 

Vir, Pinnix asked to be relieved from 
serving on the committee on the Code, and 
committee internal improvements, which 
was agreed to. 

On motion of ! r. Black, the Senate ad- 
journed until Monday morning at 11 
o'clock. 


HOUSE OF REPRESENTATIVES. 
The House was called to order by Mx. 
Speaker Rose, at 10 o’clock. 


19 


Journal of yesterday was read and ap- 
proved. 
RESOLUTIONS. 

Resolution instructing our members iu 
Congress to use their influence to have a 
bill passed appropriating the surplus funds 
inthe United States Treasury to educa- 
tional purposes. Introduced by Mr. Wil- 
cox. Committee on education. 

BILLS. 


The following bills were introduced: 
By Mr. Bailey, of Mecklenburg, an act to 
yi incorporate the Charlotte Cotton Mills. 
_ Corporations. 

; _ By same, an act to afford greater redress 


for seduction. Judiciary. 

By same, an act to authorize the grant- 
ing of injunction orders and certain State 
warrants by telegraph. Committee on 
_ ‘judiciary. i 
_ By Mr. Gudger, an act requiring county 
treasurers to publish accounts of money re- 

ceived from Justices of the Peace. Com 
mittee on counties and towns. 

By Mr. Holt, an act to re-enact and 
~ amend chapter 98, laws 1879, relating to the 
compromise, &e., of the State debt. Com- 
mittee on State debt. in 

By Mr. Eaton, an act to prohibit the ear- 
_rying off of minors without the consent of 
parents, &c. Judiciary. 





2, By Mr. Glenn, an act to repeal the act 
prohibiting the sale of spiritous and malt 


és 


- liquors on days of public speaking. Judi- 
_ ciary. 

By Mr. Gussette, an act to repeal chapter 
115, section 1, Jaws 1881. Judiciary, 
By Mr. Bridgers, an act to authorize 
the town of Tarboro to levy taxes for the 
support of two graded schools for white 
and colored. Eduzation. 

___By Mr. Bryan, an act in favor of L. C. 
_ Hastin, of Wilkes county, for teaching 
_ public schools. Propositions and griev- 
ances. 

By Mr. Williamson, an act to amend sec- 
tion 1, chapter 288, laws 1881. Judiciary 
- committee. ; 
By Mr. Overman, an act to amend section 
41, chapter 200, laws of 1881. Committee 
on education. 

_ By Mr. Covington, an act to compel the 
- Carolina Central Railroad to draw off stag- 
nant water ponded in Richmond county. 
~ Committee on internal improvement. 
By Mr. Poe, an act to provide for the bet- 
ter security of human life. Committee on 
Judiciary. 
By Mr. Myers, an act to repeal chapter 
‘117, laws of 1879. Committee on Judiciary. 
__ By Mr. Ray, an act to exempt farming 
implements from taxation. Committee on 
_ finance. . 

By Mr. Eaton, an act to provide for the 
working of roads by taxation. Committee 
__- n propositions and grievances. ~ 
wh 












eR MA CA ake hee ai 


Proce’dings of the General Assembly of North Caro 











-INSTITUTION FOR THE DEAF, DUMB AND THE 








ate 
Ub aLee ae J “ 

By Mr. Byrd, an act to provide for the 
production of sheep and other domestic — 
animals in Yancey county. Committee on 
propositions and grievances. We ld 

By Mr. Peebles, an act to establish Roa- 
noke township in Halifax county. Com-_ 
mittee on propositions and grievances. ‘" 

By Mr. Williams, of Sampson, an act to 
pay witnesses before justices of the peace. — 
Committee on Judiciary. Pe . 

By Mr. Harris, of Davidson, an actchang- 
ing the word ‘‘gallon” to “pint” in section 
36, chapter 116, laws of 1881. Committee 
on Judiciary. ps 

By “r. Sutton, an act to exempt justices 
of the peace in the town of Edenton from 
the duties of supervisors of public roads. 

Jommittee on roads and bridges. 

By ‘yr. Harris, of Davidson, an act to 
amend section 17, chapter 116, laws of 1881. 

By «r. Page, a1 act to provide for the 
printing of the Code. Committee on pub- 
lic printing. 

By “xr. Cain, an act to submit the stock 
law question to the voters of Davie county. 
Committee on propositions and grievances. 

By the same, an act to prevent obstruc- 
tions in the public highways. Committee 
on propositions and grievances. 

By ‘ir. ‘ cCurry, an act to amend section 
3, chapter 84, laws of 1879. Committee on 
Judiciary. 

LEAVE OF ABSENOE. 

Leave of absence was granted to Messrs. 

King, Williams and Worthington. ; 
COMMITTEES. 

The chair announced the following com- 

mittees : F 
FINANCE. 


Messrs. Tate, Gatling, Holt, Glenn, Le- 
noir, Leazer, Page, Bennett, Reynolds, 
Sherrill, Barrett, Williams of Sampson, 
Williams of Granville, Marsh, Stewart, 
Smythe, Posey, Harris of Davidson, Holton 
and Reade of Person. 

PRIVILEGES AND ELECTIONS. 


Messrs. MeLoud, Overman, Forbis, 
Bower, Liles, Holton, Hayes of Swain, 
Wilcox and Proctor. 

INSANE ASYLUM. rin 

Messrs. Stanford,:Cowell, Turner, Ben- 
nett, Beale, Candler, Leazer, Thompson, 
Powers of Cumberland, Bullock, Cain, 
Sandifer, King, Powers of Cleaveland, 
Hayes of Robeson, Wilcox and Waddell. ’ 


BLIND. 

Messrs. Overman, McAlister, Hardy, 
Reid of Gaston, Lawrence, Harris, Wilson, 
King, Leazer, Johnson of Johnston, Rey- — 
nolds, Montgomery, Henderson, Johnston — 
of Craven, and Baker. Wy Pei 

MILITARY AFFAIRS. — is Ne 

Messrs. Worthington, Glenn,-. Liles, 
Crouse, Myers, Powers of Camber! and, Ray 
and Page. va, ‘ee ayer 


ae, 
f Lr GO 4 Li . Le ; 
bits fa Ye sa ee. ie 


% . 











= 


a 


hy 
4 
: 








! CODE. 

3 Messrs. Bunn, Bailey of Mecklenburg, 
_ Worthington, Robins, McLoud, Peebles, 
_ Stanford, Simmons, Green of Franklin, 
- Overman, Strudwick and Holton. 
| JUDIQIARY. 
Messrs. Bailey of Mecklenburg, Peebles, 
- Robins, Worthington, Bunn, Stanford, 

Green of Franklin, McLoud, Overman, 
_ Simmons, Forbis, Bower, Strudwick, :Hol- 
~ ton and Bullock. 
" ENGROSSED BILLS. 
d Messrs. Gatling, Abbott, Powers, of 
_ Cleveland, Gudger, Stokes and Pitman. 
a CALENDAR. 
: On motion of \r. Forbis, the rules were 
- suspended, and an act prohibiting the sale 
of liquor within one mile of Holt’s Chapel, 
__ in Guilford county, passed its several read- 
ings. 

Mr. Hays, of Robeson, moved that the 
judiciary committee be requested to report 
a bill relating to the prohibition law, and 
that it be made the special order for Mon- 
_ day, January 8th, at 11 o’clock A. 4. 

§ Mr. Overman moved to amend that the 
‘ judiciary committee make a report. 
mr. Hays accepted the amendment and 
the motion was carried. 
An act to authorize the county commis 
_ sions of Haywood county to levy a specia 
_ ax, passed its second reading. 
: The following resolutions and bills were 
passed under a suspension of the rules. 
Resolution relative to agriculture and 
convict labor. 
Bill in favor of L. C. Hastin. 

Resolution raising a joint committee to 
redistrict the State. 

ENROLLING OLERK. 


Nominations for Enrolling Clerk being 
inorder, Mr. McLoud placed in nomina- 
tion the name of J. M. Brown, of Mont- 
omery county, and Green, of New 
) anover county, the name of Mr. J. C. 
k Dancy, of Edgecombe county. The House 
then proceeded to ballot with the Senate 
jointly. The vote was as follows: Brown 
_ 112, Dancy 31. 

- On motion of Mr. Glenn, the bill pro- 
_ viding for extending the time to pay tax in 
- Rockingham county till May, 1883, under a 

suspension of the rules passed and was 

_ ordered to be enrolled. 

The House, on motion, adjourned. 


SENATE. 

FIFTH DAY. 
Aen Nonpay, January 8, 1883. 
The Senate was called to order at 11 
o'clock, President Robinson in the chair. 
The journal of Saturday was read and ap- 
proved. — 

[Norr.—On Saturday Vr. Pinnix was ex- 

cused from serving on the code and com- 
internal oa and Mr. 










tt 





Lie oe law ae 


At its Regular Session, 1883. 





11 


Hill was placed on the code committee and 
Mr. Costner on internal improvements. 
PETITIONS. : 

Vr. Clarke presented a petition from the 
marble workers and stone cutters of the 
State. Placed on the calendar. 

BILLS. 

The following bills were introduced and 
euepprately referred or disposed of as fol- 
OWS: 

r. Clarke, bill to protect marble workers 
and stone cutters. (Authorizes them to 
take a lien on all work done on monuments 
and grave-stones. ) 

r. Dortch, bill to incorporate the Bank 
of Goldsboro. 

r. Poole, bill to repeal chapter 62, pri- 
vate laws 1881, entitled an act to amend 
the charter of the town of Plymouth. 

‘ r. Black—Bill to make the crime of as- 
sault with adeadly weapon with intent to 
kill, or assault and battery with a deadly 
weapon with intent to Ixill, a felony punish- 
able by imprisonment in the State prison. 

‘r. Cozart—Resolution requesting our 
representatives and instructing our Senators 
in Congress to use their best efforts to ob- 
tain a return of the money collected by a 
direct tax from the citizens of North Caro- 
lina in 1865. 

‘yr. + ebane—Bill ordering the number- 
ing of the sessions of the General Assembly. 

By the same—Bill to provide for the pre 
pavation of a catalogue of the books belong- 
ing to the State. 

»r. Goodwyn—Bill to amend an act en- 
titled an act to amend chapter 27, section 
15, Battle’s Revisal, being chapter 318 of 
the public laws of 1881. 

*r. Gray—Bill to prevent the obstruction 
or stopping of the water-courses in the 
county of Edgecombe. 

By the same—Bill to amend sectiou 19, 
chapter 200, laws of 1881. 

r. Lyon—Bill incorporating the Grand 
Council of the American Legion of Honor 
of North Carolina, and subordinate eoun- 
cils working under the jurisdiction of said 
Grand Council. 

~¥ ry. Ebbs—Bill making dogs the subjects 
of larceny, regardless of taxation. 

By the same— Bill to protect sheep hus- 
baudry in the county of Madison. 

By the same, bill to extend the time for 
the registration of deeds and other convey- 
ances. 

Mr. Cuho, bill to change the time of hold- 
ing the courts in the first judicial district. 

Mr. McLean, bill to amend chapter 31, 
laws 1875-74, relating to the disposition of 
mortgaged property. 

Mr. Scott, of Rockingham, from the 
special committee on the tariff and internal 
revenue, submitted a majority report on 
(Mr. Payne’s resolution of instruction to 
our Congressmen relating’ to tariff and in- 
ternal revenue) embracing in substance the 





12 


original and recommending its favorable 
consideration. 

Mr. Strayhorn, of the committee, gave no- 
tice that on to-morrow he would present a 
minority report. 

On motion of Mr. Dotson, the rules were 
suspended, and his bill providing for the 
establishment of Graded Schools in the 
the town of Statesville was taken up and 
passed its second reading. 

STANDING COMMITTEES. 

Penal Institutions—_ essrs. Linney, “ ore- 
head, Payne, Alexander, Richardson, Stray- 
horn and Cozart. 

Corporations—Messrs. Scott of Rocking- 


ham, Hampton, McLean, Evans, Neiil, 
Strayhorn and Mebane. 
Institution Deaf, Dumb and Blind— 


Messrs. Pinnix, Jones, King of Pitt, Pem- 
berton, Lovell, Purnel and Carter. 

Banks and Ourrency—Wessrs. Black, 
King of Pitt, \ cLean, Lovell, Graham and 
Cozart. 

Insurance—\ essrs. Payne, Witford, Toon, 
Dotson, orrison, Webb, Loftin and Lyon. 

Agriculture, echanics and sining— 

‘essrs. Berry, Richardson, Neill, Dotson, 
Lovell, Goodwyn and Carter. 

ilitary Affairs—vessrs. Toon, Caho, 
Hill, Farmer, orrison, Purnell and Lyon. 

On motion, the Senate adjourned until 
to-morrow morning at 11 o’clock. 

([Nore.—The bill introduced by Mr. 
Webb on Saturday was to repeal chapter 
153, laws of 1876-77, instead of chapter 


_ 150 as published. : 


[Correcrion.—In Saturday’s Senate pro- 
ceedings we inadvertently credited Senator 
Mebane with the paternity of a bill to 
amend the public school laws of 1881. Sen- 
ator Gray is the author. 


HOUSE OF REPRESENTATIVES. 


At 10a. m. the House was called to or- 
der by the Speaker. 

The journal of yesterday was read and 
approved. 

PETITIONS AND MEMORIALS. 

By ‘ir. Bailey, of Mecklenburg—Petition 
asking for payment out of the State Treas- 
ury for the apprehension of certain felons. 
Referred to committee on propositions and 
grievances. 

By yr. Wood—Petition from fifty-six 
citizens of the town of Kinston, opposing 
the establishment of a graded school in 
that place. Referred to committee on pro- 
positions and grievances. 


REPORTS OF STANDING COMMITTEES. 

The judiciary committee reported a sub- 
stitute for the bill to repeal the prohibition 
law. 

RESOLUTIONS. 

By Mr. Sherrili—Resolution instructing 
our members of Congress to have the elec- 
tion law changed. { 











BILLS. 


The following bills were introdi ; 
passed their first reading ard were appro- ” 
priately referred, ax follows : he 

By Mr. Ray, an act to be entitled’a sub-— 
stitute for chapter,306, Revised Code, rela- 
ting to survey of lands set apart for Chero- 
kee Indians. 

By r. Forbis, bill to abolish the office of 
county treasurer, © ~*~ ah) cae 

By Mr. Bailey, of ¥ ecklenburg, bill con- 
cerning the Supreme Court Reporter. ~ 

By same, bill to provide for summoning 
tales jurors in capital cases. ape s 

By same, bill to facilitate the collection 
of taxes on lands held in common. ; 

By » vr. Powers, of Cumberland, bill rela- 
tive to carrying concealed weapons; repeal- 
ing chapter 127, laws 1879. 

By mr. Simmons, a bill to make justices 
of the peace eligible to the office of county 
commissioner, py 

By the same, a bill to amend chapter 31, 
laws of 1873-74. 


* By Mr. Bunn, a bill to amend chapter 15, 


laws of 1880. 

By Mr. Stanford, a bill to elect county 
tax collectors. 

By Mr. Harris, of Davidson, a bill to re- 
peal the merchants’ license tax. 

By Mr. Bunn, a bill to amend chapter 45, 
laws of 1879. > 


By Mr.  arsh, a bill relative to official 
advertising. 
By r. Holt, a bill to amend section 1, 


chapter 334, laws of 1881. 

By «r. Bridgers, a bill to authorize the 
commissioners of Edgecombe county to 
levy a special tax. 

By the same, a bill relative to fish in Al- 
bemarle and Pamlico sounds and tributa- 
ries. 

By ‘'r. Powers, of Cumberland, a bill to - 
amend an act to prevent the sale of liquor 
on Sunday. 

By “r. Tate, a bill to set apart certain 
funds for the use of the Western North 
Carolina Insane Asylum. ; 

_ By _ r. Cowell, a bill to prevent the erec- 
tion of artificial islands in the navigable 
waters of the State, 

By «r. Procter, a bill to protect fish in 
Columbus and Robeson counties. 

_ By the same, a bill to prevent the sale of 
liquors in one mile of Long Branch Church, 
in Robeson county. | 

By Mr. Bailey, of Mecklendurg, a bill to 
amend chapter 138, laws of 1873-74. : 

By ‘ir. Poe, a bill concerning the netting, 
trapping and shooting of birdsin Caswell 
enunty. 

__ By ™r. Speller, bill to prohibit ‘the work 
ing of female convicts on certain public 
works. ‘ 

By Mr. Newell, bill concerning “Bi 
Swamp,” Bladen county. poe 


ra ; . 
iy 4 a a 





DG Bn thes 7 
‘By Mr. Page, bill to establish a standard 
__- weight for a barrel of pork. 
By Mr. Newby, bill to prohibit the shoot- 
ici wild fowl on the coast on Sunday. 
y Mr. Johnson, of Craven, bill to pre- 
vent the obstructing of highways. 
By Yr. Abbott, bill to incorporate the 
- Weeping Mary Burial Society. 
y Mr. Crouse, bill to amend the act of 
1881 to consolidate the school law. 
By Mr. Gudger, bill relative to the same. 
By Mr. Cowell, bill for the relief of J. F. 
Fort, late Sheriff of Currituck county. 
By Mr. ) cCotter, bill to prevent fraud in 
weighing cotton. 
By Myr. Pittman, bill to work the public 
‘roads by taxation. 
; By Mr. McAllister, bill 





wi 
Yi 
u 


to authorize 


~~ county commissioners to pay judges and 
: elerks of election. 
e By Mr. Page, bill for the relief of farmers 
in certain localities. 

COMMITTEES. 


The chair announced the following stand- 
ing committees : 

Joint Rules—Yessrs. Abbott, 
Gatling, Wilcox and Bryan. 


Cowell, 


Corporations— * essrs. Peebles, Ray, Wil- 





13 


Haywood to levy a special tax to build a 
courthouse. 


SPEOIAL ORDER. 


The consideration of the substitute to the 
bill to repeal the prohibition law being the 
epecial order for 11 o’clock a. m., and that 
hour having arrived, the House took up the 
substitute. t 
A bili to be entitled ‘‘An act to repeal the pro 

hibition law ” 


Whereas the act of the General Assembly 
of the State of North Carolina, ratified the 
11th day of March, 1881, and known as the 
prohibition act, was, in accordance with 
the provisions thereof, duly voted upon on 
the Ist Thursday of August, A. D. 1881, and 
whereas by the said vote the will of the 
people of the State was expressed against 
the acceptance and ratification of the said 
act, and whereas the said act still remains 
on the statute books, and although in law 
and effect a nullity, yet as some doubts 
have been entertained about the propriet 
of allowing the same to so remain and er 


, cumber said statute books: 


liams of Granville, Bower, Temple, Law- | 


rence, Hardy, Wilson, McCurry, Lineback, 
Frazier, Steed, Proctor, Speller and Sutton. 


Penal Institutions—~essrs. Robins, Ab- | 


bott, Crouse, Gudger, Houston, Johnson of | 
Johnston, Harris of Davidson, * yers, Phil- | 


lips, Patrick, Hays of Swain, »* athis, Cheek, 
Bradley, Bledsoe and Green of New Hano- 


Now, therefore, in order to remove all — 
doubts and the more effectually to carry out 
the will of the people as expressed at the 
ballot box, 

The General Assembly of North Carolina do 
enact : 


Srorion 1. That chapter three hundred 
and nineteen, of the laws of one thousand 
eight hundred and eighty-one, ratified the 


| 11th day of arch, A. D. 1881, be, and the 


ver. 
Agriculture, Mechanics and Mining— | 
Messrs. Lenoir, Myers, Steed, Brown, 


Wood, Walker, Mathis, Wilson, Dixon, 
Stewart, Barrett, Bradley, Grissett, Bruce 
and Harrison. 

Propositions and Grievances—Y essrs. 
Holt, Anderson, Bailey of Mecklenburg, 
Fulton, Brown, McCotter, Beale, Baum, 
Posey, Phillips, Williams of Sampson, 
Riggs, Matheson, Stringfield, McAlister, 


Bryan, Ball, Nixon, Bledsve, Pruitt, Green 


of New Hanover and Eaton. 

: The committee on engrossed bills re- 
a ported as properly engrossed the following 
ie bills’: 
Kt Bill to repeal section 13, chapter 154, laws 
> 1876-77. 
_ Bill to authorize the county eommission- 
‘ers of Wilkes. county to pay L. C. Hartin 
_ for teaching school. 
Bill to amend chapter 80, private laws of 
1879. 
Bill to prohibit the sale of liquor within 
mile of Holt’s Chapel. 

CALENDAR. 














relative to the compromise of the 
‘(extending the time). 
o authorize the commissioners of 





came is hereby repealed. a: 
Sec. 2. That this act shall be in force from 
and after its ratification. x 
Mr. Bailey, of Mecklenburg, in explana- 
tion, stated that by force of the vote against 
prohibition the act became by proprio vigor 
a law without a vindicatory clause, and tha 
but for the decision in the State vs. Poteat, 
there might be doubts as to its vitality. At 
least, in order to quiet the doubts of many — 
excellent citizens, he thought it best to re- 
peal it; that if it did no good such a course 
could do no harm. 
Mr. Powers, of Cleaveland, was opposed 
to the bill, because the vote of the people 
had decided the question and already killed 
the prohibition law, and that it would place 
this Legislature in a ridiculous light to pass 
alaw repealing a law that was not in ex- 
istence. j 
Mr. McCotter stated that he should vote 
to repeal the prohibition law, and that his 
only objection to doing so was that he did 
not like to repeal a law that was no law. 
Mr. Powers, of Cumberland, said that he 
was in favor of the bill, because he be- 
lieved there was such a law as the prohi- 
bition law, although in the last campaign 
the Democratic speakers had advocated 
that there was no such law. 


i 7 





14 Proceedings of the General Assembly of North Caroliua a ; 


Mr. Sherrill favored the passaze of this 
bill because he had promised his people to 
vote for such a bill. 

Mr. Green, of New Hanover said that he 
was one of the few who voted for prohibi- 
tion, but he felt it his duty to vote for the 
passage of this bill because his people 
wanted it. 

Mr. Harris, of Wake, was in favor of the 
bill because he did not believe morality 
eould be legislated. 

Mr. Leazar said: I believe it the duty of 
every good citizen, and of the members of 
this General Assembly as representatives of 
the people, to recognize the fact that the 
will of the people is the supreme law of the 
land. Upon no question ever submitted to 
the arbitrament of the ballot has that will 
been so clearly and unequivocally expressed 
as upon the ratification of the prohibition 
act. It is not improper to recognize the 
force of that expression. And although 
the Supreme Court decision, in the case of the 
State vs. Poteat, has clearly determined the 
act to be inoperative, to satisfy the doubts 
of many of our people, based upon opin- 
ions expressed by those who are accredited 
with greater learning than appertains to our 
highest court, it can do no harm to remove 
the so-called prohibition act from the statute 
book. Iam not, sir,a recalcitrant. Iwasa 
prohibitionist, and upon the moral question 
involved my views are entirely unchanged. 
With this explanation, I shall vote aye. 

viessrs. Reade of Person, Bridgers and 
Covington also favored the bill. 

The ayes and nays being called for, the 
yote was as follows—ayes 115, nays 2. The 
bill then passed its third reading. 

Mr. Stringfield, by permission, introduced 
a resolution requesting the Governor to in- 
quire into the accident by which eighteen 
convicts lost their lives in Tuckaseegee 
River, and the treatment of convicts in tha 
section, and report the facts in the case. 

On motion the rules were suspended and 
the resolution put on its passage. 

Mr, Stringfield said: I only desire to say 
that Ihave no reason to believe these re- 
ports, living as I do in the county of Hay- 
wood, where the convicts have done the 
most work of late, and where the greatest 
number have been quartered. I know, sir, 
from personal observation that these con- 
victs are well clad, have good quarters, and 
to all outward appearance are humanely 
treated; but as unfavorable reports have 
been circulated in this and other States, I 
deem it just to the railroad and State au- 
thorities to ask an investigation; if cruelty 
is being done let the guilty ones be pun- 
ished. . 

The resolution was then adopted. 

The-House on motion adjourned. 

[Nore.—We omitted to state in Satur- 
day’s proceedings that Mr. Wood's bill rela- 
tive to the cotton weighers of Kinston, 














+>): 


Goldsboro and Newbern passed i 
readings. 


[Nore.—Mr. Page on Friday presented 
memorial from the tax-paxers of K 
asking that a Graded School be not esta 
lished in that town. 


SENATE. 
SIXTH DAY. 


Turspay, Jan 1882. 
At 10 o’clock Lieut-Gov. Robinea 





D. D., offered a prayer. ; 

vir. Womack, of committee, reported ad- 
versely on the bill to prohibit justices of 
the peace from electing themselves or their 
relatives to office in Lenoir county; Mr. 
Battle, adversely on bill relating to the 
catching of fish in Lumber river; Mr. 
Cozart, adversely on the bill prohibiting 
the shipment of lumber in the log from 
this State to other States. 


INTRODUOTION OF BILLS. 

Mr. Dortch, to authorize the President of 
the Senate and the Speaker of the House to 
administer oaths in certain cases. 

vr. Pinnix, to amend the charter of the 
town of Lexington. 

Mr. Purnell, to make false listing of 
property for taxation a misdemeanor. 

»r. Pemberton, a bill repealing the law 
which compels county eommissioners to 


levy a special tax to keep up public 
schools for four months when the State tax 


is insufficient. : 
rv. King, a bill regarding the issuing and 
perfecting of State grants. 

r. Boykin, a bill to appoint a railroad 
commission. 

By the same, a bill to prescribe and regu- 
late the fees of solicitors and the mode of 
paying the same. 

wir. Scott, of New Hanover, a bill to in- 
corporate the Coast Turnpike Company. 

Mr. Toon, a bill to amend the public 
school laws, chapter 201, laws of 1881. 

Mr. King, of Pitt, a bill to regulate fish- 
ing in Pamlico River. 

Mr. McLean, a bill to amend the law re- 
lating to the enforcement of agricultural 
liens. ~ 

wir. Clarke, a bill to incorporate the Cen- 
turion Benevolent Society. 

vir. Carter, a bill concerning the town of 
Middleburg, Gaston county. ’ 

Mr. Ebbs, a bill authorizing magistrates 
to hoid juries of inquest in their respective 
townships. 

By the same, a bill to prevent the felling 
of timber in Spring Creek, Madison county. 

By the same, a bill to repeal the law au- 
thorizing the county commissioners of » ad- 
ison to pay the county indebtedness in 
bonds. ; : 

Mr. Jones, a bill to protect birds in Hen- 
derson county. ‘, 


; on called — 
the Senate to order and Rey. HE, A. Yates, — 





By the same, to protect fish in the same 

county. 

My, Pinnix, a bill to regulate the sale of 
E spirituous or malt liquors by the small 
‘measure. 

7 A pill to authorize the commissioners of 
_ Haywood county to levy a special tax. 

vir. Mebane, to establish a House of 

Refuge and Correction. 

A message from the House was read, con- 

curring in the proposition to print 1,000 
- copies “of the Governor's message and ac- 

companying documents. 

Mir. Morehead asked that the rules be 

suspended and a resolution to authorize 
the Code committee to procure the services 

of “tr. W. C. Glackmer, clerk of the Code 
commission, and such other clerical aid as 
the committee might deem necessary. The 
rules were suspended and the motion was 
adopted. 

On motion of Mr. Payne, House bill No. 
115, in relation to prohibition, was taken up 
and passe’ its several readings. It repeals 
_ the prohibition act. The ayes and nays 
_ were called on the third reading—ayes 36, 
nays 4— i essrs. w orehead, Alexander, Ebbs 
and Webb. 

Mr, Payne moved that his resolution of 
_ Instruction to the Representatives in Con- 
gress be taken up. 

Resolution of instruction to the Senators 
and Representatives from North ‘arolina 
inthe ongress of the United States, in re- 
lation to the internal revenue laws and the 
tariff ; 

Whereas the present system of internal 
revenue laws is oppressive and inquisito- 
rial, centralizing in its tendencies, and in- 
consistent with the genius of a free people, 
legalizing unequal, expensive and iniqui- 
tous taxation, and as enforced in this State, 
isa fraud upon the sacred rights of our 
people and subversive of honest govern- 
ment; prostituted in many instances to a 
sys stem of political patronage, which is 
odious and outrageous; corrupting public 
virtue, and jeopardizing public liberty, and 
sustained by intimidation and bribery on 
the part of revenue officials to debauch the 
elective franchise; and whereas, the pres- 
ent tariff is unjust, unfair and burdensome, 
and has proved a heavy embargo on South- 
ern commerce, to support monopolies, pro- 
scribing Southern toil, and checking the 
“natural development of Southern industr Y; 
therefore, be it 

Resolved by the Senate, the House of Repre 
sentatives concurring : 

1. That our Senators be instructed and 
our Representatives i in Congress requested 
_ to urge a total repeal of the Internal 
Revenue laws; and if a total repeal of the 
Internal Revenue laws cannot be secured, 
. then and in such event that they urge the 
Is immediate ae oe the tax on manufactur- 








Se She ta 


ee a 
















At its Reguiur Session, 1883. 


15 


' and insist upon such an amendment to the 
system of collecting the revenue on whisky 
distilled from grain as will dispense with 
the services of so many needless officers. 

2. That they be further instructed and 
requested to urge on behalf of our people 
(in the event an absolute repeal of the In- 
ternal Revenue laws cannot be secured) 
such an amendment to the existing laws or 
laws as will render Revenue officials 
violating the laws of this State amenable 
to, and not above the State law. 

3. That they be further instructed and 
requested to secure a repeal of those pro- 
visions of the Internal Revenue laws which 
allow Revenue officers to make arrests 
without warrant and to destroy stills with- 
out precept. 

4. That they be further instructed and 
requested to urge a reduction, or modifica- 
tion and equalization of the tariff, to the 
end that material relief may be afforded 
our people. 

The question was upon the report sub- 
mitted by “1. Strayhorn from the minority 
of the select committee to which was Te- 
ferred the resolution. 

The substitute was lost by a vote of ayes 
16, nays 27—a party vote. 

The question then recurred upon the ma- 
jority report, submitted by Mr. Scott. 

Mr. Clarke moved to strike out the pre- 
amble. 

Lost—ayes 15, nays 28—a party vote. 

The majority or, was then adopted 
by a vote of 51 to 12, as follows: 

“Ayes—Alexander, ’Battle, Black, _Boy- 
kin, ‘ aho, Costner, Dortch, Dotson, Ebbs, 
Evans, Farmer, Halstead, Hampton, Hill, 
Jones, King of herokee, ‘King of Pitt, Lin, 
ney, Lovill, Lyon, »cLean, Morehead, 
Payne, Pemberton, Pinnix, Poole, Scott of 


20ckingham, Toon, Watson, Webb and 
Womack. 

Nays— arter, € locke, ( ozart, Haves,Good- 
wyh, Graham, Gray, Mebane, Purnell, 
Ramsay, Scott of New Hanover, and 
Speight. 


HOUSE OF REPRESENTATIVES. 

The House met at the usual hour, and 
was called to order by Speaker Rose. 
Prayer by Rev. E. A. Yates of Edenton 
Street Methodist church. The journal of 
®yesterday was read and approved. 

JUDICIARY COMMITTED 

reported favorably upon the following 

Bill to amend chapter 252, laws 1879 

Bill to pay witnesses in criminal causes 
before justices of the peace. 

Resolution relative to raising 2 joint com- 
mittee to redistrict the State. 

Bill relative to injunction orders. 

Unfavorably upon the following: 

Bill to repeal the bill to pr ohibit the sue 





of spirituous liquors on days of public 
speaking. 


16 


Bills to amend chapter 116, laws 1881. 

Bill to amend chapter 89, laws 1881, 

The committee asked to be discharged 
from the consideration of the following 
bills and that they be appropriately referred. 
which was done. 

Bill to amend chapter 25, laws of 1876-77. 

Bill to amend section 3, chapter 84, laws 
of 1879. 

THE FINANCE COMMITTEE 
reported the following bills favorably : 
_ Bill to set apart certain funds in the State 
Treasury for the use of the Western North 
Carolina Insane Asylum. 

Upon the following unfavorably : 

Lill to relieve persons over 45 years of age 
from poll tax. 

bill to exempt farming implements from 
taxation. 

Kill to relieve ministers of the gospel 
from poll tax. 

THE COMMITTEE ON ENGROSSED BILLS 
reported as properly engrossed the follow- 
ing: 

‘Bill relating to the compromise of the 
State debt. 

3i1l repealing the prohibition law. 

Resolution investigating the treatment of 
convicts. 

Bill authorizing the commissioners of 
Haywood county to levy a special tax. 

THE COMMITTEE ON CORPORATIONS 
reported favorably on the following: 

Bill to confirm the donation of land and 
right of way to the Norfolk and Eliza- 
beth City Railroad, in the town of Eden- 
ton. 

Hill to incorporate the Charlotte Cotton 
Mills. 

Bill to incorporate the Narrow Island. 

Joint select committee on internal reve- 
nue reported a substitute for the resolu- 
tions relative to internal revenue. 

RESOLUTIONS. 

Mr. Bailey, of “ecklenburg, resolution 
to employ an additional page for the use of 
committees. ‘The House, on motion, sus- 
pended the rules, and the resolution was 
adopted. 

By the same, resolution to authorize the 
committee on the Code to employ clerical 
assistance. Rules suspended, and the res- 
olution adopted. 

BILLS. 

The following bills were introduced and 
appropriately referred : 

ir. Powers, of Cleayeland, bill to amend 
chapter 34, laws 1880. 

wr. Lawrence, bill to change the time of 
holding State elections to the first Thurs- 
day in August. 

Mr. Fulton, bill to authorize 8. H. Taylor, 
ex-sheriff of Surry eounty, to collect ar- 
rears of taxes. 

Mr. Ball, bill to exempt the county of 
Madison from the operation of sections 38 
and 39, chapter 104, of Battle’s Revisal. 





‘diem in cash. 





































By the same, bill prohibi he 
apimeoun liquors within these ft 
fornia Baptist church in Madison co 

Mr. Bailey, of Mecklenburg, bill 
cerning the service of a summons. — 

vir. Green, of New Hanover, bill to reps 
chapter 806, laws 1879. OE ¢ 

‘ir. Powers, of Cumberland, bill to amend 
chapter 189, laws 1870-71, relative to th 
fees of constables. : 

Mr. Ray, bill to amend the stray law. 

Mr. Candler, bill to repeal an act making 
Tuckaseegee river a lawful fence. 

By the same, bill to repeal the act incor. 
porating the town of Webster, in Jackson 
county. 

Mr. Myers, bill to probibit the sale of 
deadly weapons, other than guns, to minors. 

Mr. Matheson, bill to facilitate the con- 
struction of short lines of railroads. 

Mr. Holton, bill to disqualify certain 
persons from giving evidence on judgments 
rendered and bonds executed prior to the 
first day of August, 1868. 

vr. Riggs, bill to require fishermen to- 
pull up and remove their net stakes. 

Mr. Covington, bill to repeal the office of 
County Superintehdent. 

By the same, bill allowing the people to 
elect all county officers. 

Mr. Stokes, bill to prevent the stationing 
of portable steam engines near the public 
highway. 

Mr. Bailey, of Yecklenburg, bill to allow 
the voters of Mecklenburg county to 
choose their own form of county govern- 
ment. 

Mr. Hardy, bill to authorize the Treas- 
urer of Carteret county to pay certain” 
school orders. 

Mr. ‘Harris, of Wake, bill to restore local 
self government to the people of North 
€ arolina. 

Mr. Hardy, bill making seetions 6 and 7, 
chapter 118, of Battle’s Revisal; apply to_ 
( arteret county. 

By the same, bill establishing a dividin 
line between the counties of + arteret an 
Cravon. 

Mr. Holton, bill relating to the running at 
large of stock. 
Mr. Gudger, bill concerning the convey 

ance of real estate. 

Mr. Phillips, bill extending the time fo 
the registration of deeds, &c. 

(ir. Hayes, of Robeson, bill to incorpo- 
rate the town of Pate’s, in Robeson county 
Mr. Bridgers, bill to provide for the be 
ter protection of election returns. 

Mr. Speller, bill to provide for the elec- 
tion of school committee in /ertie county. 

ty the.same, bill to provide for the in 
surance of the normal school buildings in 
the State. i 

vr. Patrick, bill to provide for the paying 
of jurors of the Superior court their pe 









Mr. Bailey, of Mecklenburg, bill to pre- 
seribe the venire in civil actions against 
sheriffs. 
Mr. Williams, of Sampson, bill to make 
it the duty of the Carolina Central Rail- 
_ road to place lights on the bridge over the 
Cape Fear River at Wilmington. 
The following by Mr. McLoud: 
A bill to be entitled ‘‘An act to encourage 
the sale and use of revolvers, English bull 
- dogs, toy pistols and other deadly and dan- 
gerous weapons, and to make dealing in 
the same respectable.” 
The General Assembly of North Carolina do 
enact . , 
f Srorion 1. That every merchant, jeweler, 
grocer, druggist and every other dealer who 
shall buy or sell goods, wares and mer- 
chandise, in the State, who shall sell, or 
offer or keep for sale any revolver, English 
bull dog, toy pistol or other instrument 
_ shooting powder and ball or shot, or capa- 
_ ble of firing charged with powder, shall pay 
to the State a license tax of two thousand 
dollars. 

Sec. 2. That any such dealer who shall 
sell or offer for sale any such weapons or 
instruments, without paying the said li- 
cense tax as provided by law, shall be 
guilty of a misdemeanor, and punished, 
upon conviction, in the discretion of the 
court. 

Sec. 3. That this act shall take effect 
from and after its ratification. 

On motion of «r. Reade, of Person, the 
rules were suspended and a bill to amend 
the law prohibiting the sale of liquor in 

_ certain localities, by striking out Roxboro 
Baptist Church, passed its several readings. 
MESSAGES. 

A message was received from the Senate 
informing the House that the Senate had 
‘passed a resolution to print 1,000 copies of 

_ the message ; 

That Messrs. Womack, Morehead and 
Purnell had been appointed as the Senate 
branch of the joint committee on rules. 

% Resolution in favor of clerks to State 
- board of canvassers. Referred. 
Resolution to print census returns of 
counties. 

_ Resolution to authorize the committee on 
_ the Code to employ clerical assistance. 
Wes) OALENDAR. 

___ On motion of Mr. Page a bill to authorize 
_ the county commissioners of Jones county 

to levy a special tax passed its first reading + 
under a suspension of the rules. 

The Senate resolution to print 500 copies 
of the census returns of the counties was 
adopted. 

The bill for the relief of the tax-payers of 

Granville county passed its several readings. 

The Senate resolution in favor of the 
_ clerks to the State board of canvassers was 
adopted. | 
ee) Bill to amend section 1, chapter 234, laws 


: 
ne 


q 

















At its Regular Session, 1833. ig 


1881, restoring liquors to the town of 
Graham, passed its several readings. 

On motion of Mr. Bower the committee’s 
substitute for the revenue resolutions was 
made a _ special order for to-morrow at 11 
o’clock a. m. 

The House on motion adjourned. 

Note.—We omitted to state on yesterday 
that Mr. Page, of Jones, made a strong 
speech in favor of the repeal of the prohi- 
bition law. 

The bill introduced by Mr. Simmons fon 
Saturday, makes justices of the peace in- 
eligible to the office of county commis- 
sioner. > 

The bill introduced to-day relieves 
the people of Carteret county from the pro- 
visions of chapter 118, sections 6 and 7 of 
Battle’s Revisal. 


SENATE. 


SEVENTH DAY 
Wepyespay, January 10. 


The Senate was called to order at 11 
o'clock. President Robinson in the chair. 

Prayer by Rev. Dr. Skinner, of Salisbury 
street Baptist church. 

Journal of yesterday read and approved. 

REPORTS OF COMMITTEES. 

Messrs. Battle, Berry, Womack and 
McLean made reports from the committee 
on propositions and grievances. 

Messrs. Alexander, King and. Linney 
made reports from the committee on fi- 
nance. 

Messrs. Pemberton, Strayhorn, Mchean, 
Morehead, Webb, Womack and Boykin 
made reports frona the judiciary committee. 

Mr. King, of Cherokee, made a report 
from the committee on engrossed bills. 

MESSAGES. 

A message was received from the House 
of Representatives, announcing the passage 
of the following bills and asking concur- 
rence in the same. 

Bill to amend section 1, chapter 234, laws 
of 1881. 

Bill for the relief of the tax-payers of 
Granville county. 

Resolution to print five hundred copies of 
the census returns of population. 

Resolutions concerning the judicial dis- 
yricts of the State. 

Resolution in favor of the clerks of the 
board of State canvassers. 

BILLS AND RESOLUTIONS. 

Mr. Speight— vill to exempt farming im- 
plements and mechanical tools from taxa- 
tion. 

Mr. Watson—Bill to repeal sec. 10, chap. 
24, Battle’s Revisal, and to amend section 
6, chapter 9, of the revised code, concern- 
ing attorneys at law. 

r. Scott, of New Hanover—Resolution 


A 


? 


F 
a 


count of sickness in his family. Leave of 


4 


y 


18 


instructing the Attorney-General to bring 


an action in the proper court to inquire b 


what right the Seaboard and Roanoke Rail. 
road Company hold stock in the Carolina 
Central Railroad Company, and, to have the 
stock so held by the Seaboard and Roanoke 
Railroad Company forfeited to the State, to 
which it is alleged that it belongs. 

Mr. Boykin, by request, bill to consoli- 
date the insurance laws of North Carolina. 

Mr. Boykin, bill to authorize the eounty 
of Pender to issue bonds. 

Mr. Payne, bill to regulate and prescribe 


- the manner of allotting the homestead and 


personal property exemption. , 

Mr. Morehead, bill to authorize the grant- 
ing of judgments at Chambers in certain 
cases. 

Mr. Toon, resolution requesting our Sen- 
ators and Representatives in Congress to 
secure appropriations to render navigable 
Lumber river as far as Lumberton, in Robe- 

son county, and Waccamaw river as far as 
Lake Waccamaw, in Columbus county. 

Mr. Black, a bill to authorize the com- 
missioners of Moore county to levy a spe- 
cial tax. By request it was placed upon 
the calendar. 

Mr. Payne, a resolution authorizing the 
appointment of five Senators and eight 
members as a committee to take into con- 
sideration the question of establishing a 
railroad commission for this State. The 
resolution was read and adopted. 

Mr. Pinnix asked indefinite leave of ab- 
sence for Mr. King, of Pitt, he having re- 
ceived a’ telegram calling him home on ac- 


_ absence was granted. 
ty OALENDAR. 


; A bill to repeal chapter 319, acts of 1881, 


upon its second reading was laid upon 


fs the table, Mr. Dortch stating that a bill of 


similar import had previously passed the 
Senate. 
Vir. Mebane’s bill, putting a fine of $500 


upon all parties who buy or sell a pistol, 


i 


bowie-knife, dirk, dagger, stiletto, slung 
shot, loaded cane, sword cane, brass, iron 
or metallic knucks,upon its second reading 


was placed upon the table. 


Bill for the relief of the administration of 


the late sheriff of Columbus county was 


fj 


i, 


7 


yw 
ry 
Be iy 


put upon its second reading, but upon 

the suggestion of vr. Linney was postponed 
~ until the passage of a general bill, which 

would meet the wants of this bill. 

_ Bill to extend the jurisdiction of justices 
ofthe peace, giving them authority to try 


larceny cases where the value vf articles 


stolen’ did not exceed one dollar, was put 


upon its second reading. 
Mr. Scott, of New Hanover, the intro- 


ducer of the bill, in urging its passage, 


‘ 


cited cases where counties were put to 
much cost in bringing parties to trial for 
stealing watermelons, apples and various 











other small things, and that in one ca; 


man was sent to the Penitentiary for steal- 


ing a Bible, and argued for the passage of 
the bill. ii. 


Mr. Dortch asked Mr. Scott if he desired 
to give magistrates the power to send crim- — 


inals to the penitentiary, and stated that his 
bill would have that effect. é; 

Upon motion of Mr. Webb the bill was 
tabled. 

Bill to amend chapter 282 of the laws of 
1881, concerning the protection of fish in 
Lumber river and its tributaries was amend- 
ed, passed its several readings and was or- 


, dered engrossed. 


Mr. Mebane’s bill fixing a penalty of 
43,000 upon all persons who ship lumber 
in logs from this State to any other State or 
Territory by raft or otherwise was laid up- 
on the table. 

Mr. Ebb’s bill to repeal the law author— 
izing the Commissioners of Madison to pay 
the county indebtedness in bonds passed its 
several readings. 

Bill to protect birds in Henderson county: 
was tabled, there being a provision in the 
proposed Code, which would cover the ne; 
cessities in this case. ; 

Bill to protect fish in the waters of Hen- 
derson county, passed its second and third 
readings. 

Rill authorizing the commissioners of 
Haywood county to levy a special tax for 
the purpose of building a court house, 
passed its second reading. 

»r. | oykin asked that the bill introduced 
by him yesterday in regard to a railroad 
commission be printed for the use of the 
Senators. The order was made. — 

Bill to prevent felling timber or brush in 
Spring creek and its tributaries, in Madison 
county, passed its final reading. 


House bill in regard to selling liquor 


within one mile of Holt’s Chapel, in Guil- 
ford county, was put upon its second read- 
ing. 

Mr. Morehead said that by some means, 
or by not knowing the distance from Holt’s 
Chapel, aformer member of the Legislature 
had a bill passed prohibiting the sale of 
liquor within three miles of the Chapel, 
which overlapped the town of Greensboro, 
making it a dry town, and that the object 
of the bill was to remove this restriction 
from the town. 

After a few remarks from Messrs. Battle, 


Linney and Watson, the bill passed its final — 


reading. 

Bill to amend section 5jof the laws of 
1881, chapter 234, passed its second and 
third readings. 
hibition from what was formerly known as” 
Warsaw High School. — 


House bill repealing the prohibitory law — j 


of Rocksboro passed its final reading and 

was ordered enrolled. 
Upon motion of Mr. “Pemberton 
hah uy f a (3 





eer? 
aes 


This billis to abolish pro- — 


, the 


f 
7 


Soe eee 














SN oe 


— 


Senate adjourned to meet ,to-morrow at 11 
o’clock a. m. 


HOUSE OF REPRESENTATIVES. 
At 10 o’clock a. m., Speaker Rose called 


_ the House to order. 


Prayer by Rev. Dr. Skinner, of the First 
Baptist church. 

Journal of yesterday read and approved. 

Leave of absence was granted Mr. Holt. 

' JUDICIARY COMMITTEE 
reported favorably upon the following: 

An act concerning Big Swamp in Bladen 
county. 

An act amending chapter 95, laws of 
1879. 

An act repealing all laws prohibiting the 
sale of liquor except in certain localities in 
Perquimans county. 

An act to provide for the working of the 
public roads by taxation. 

An act to amend chapter 141, section 5, 
Jaws 1876-77. 

And unfavorably upon the following : 

Fill toamend an act for the better secur- 


. ity of human life. 


Bill to prohibit the carrying off of 
minors. 

Bill relating to obstructing thé high- 
way. 

Bill concerning the netting, trapping and 


_ shooting of birds. 


Bill to work the public roads of Edge- 

combe county by taxation. 
ENGROSSED BILLS. 

The committee reported as properly en- 
grossed the following bills : 

An act to amend chapter 234, the laws of 
1881. 

A bill for the relief of the taxpayers of 
Granville county. . 
COMMITTEE ON PROPOSITIONS AND GRIEVANCES 

Reported favorably on the following : 

An act making a standard weight for a 
barrel of Pork. 

Resolution relative to the election law. 

CORPORATIONS. 

Reported favorably on: An act to incor 

porate the Newton cotton mills. An act to 


-» amend the charter of the Atlantic Coast 


Line Railroad. 
RESOLUTIONS AND PETITIONS. 

Mr. Mc loud, resolution concerning the 
payment of the employees of the General 
Assembly. i 
_ Mr. Reid, of Gaston, resolution in favor 
of soldiers maimed in the late war. 

Mr. Tate, petition from the citizens of 
Silver reek township, asking for the ap- 
pointment of justices of the peace. 

Mr. Riggs, petition asking the repeal of 
chap. 147, laws 1881, (relating to pilotage.) 

Vi BILLS. 

The following bills were introduced and 
passed their first reading, and were appro- 
priately rerred: — 





At its Regular Session, 1883, 








19 


Mr. Sherrill—An act to establish graded 
schools. 

Mr. Green, of New Hanover—An act to 
amend section 1, chapter 308, laws of 1881. 

Mr. Peebles—An act to incorporate the 
Roanoke Navigation Water Company, 
giving it the exclusive right to use the wa- 
ter of the Roanoke River, and power to con- 
demn land. 

By the same—An act to authorize the 
county of Halifax to fund its floating debt, 
and to levy a special tax to pay the same. 

Mr. Hewlin—An act to provide for the 
pay of school committeemen. 

Mr. Brown—An act to amend the public 
school law. 

Mr. McCurry—An act to amend chapter 
173, laws of 1881. 

Mr. Bailey, of Mecklenburg—An act to 
amend section 63, chapter 63, Battle’s Re- 
visal, relative to sureties. 

Mr. Covington—An act to authorize 
school committees of each township to fix 
the salary of teachers of all grades. 

By the same, an act to exempt $100 
worth of property from taxation. 

Mr. Wilson, an act to provide for the elec- 
tion of county officers by the people. 

Mr. Stewart, an act to establish the di- 
viding line between the counties of Harnett 
and Johnston. 

Mr. Lenoir, an act to extend the time for 
getting grants for entries of land. 

Mr. McAllister, an act to amend chapter 
200, section 62, laws 1881. 

Mr. Harris, of Davidson, an act to amend 
section 1, chapter 70, laws of 1879, it re- 
lating to dentists, &e. 

Mr. Johnson, of Craven, an act for the 
protection of crops in certain localities. 

Mr. Williams, of Granville, bill to au- 
thorize the commissioners of Granville 
county to levy a special tax. 

Bill to change the time of settling with 
the State and County Treasurers in certain 
counties. 

APPOINTMENT OF COMMITTEES. 

The Chair announced the following com- 
mittees : 

Salaries and Fees—Messrs. Sherrill, Bai- 
ley of Wilson, Fultgn, Houston, Reynolds, 
Steed, Stewart, Barrett, Temple, Frazier, 
Bruce, Hamilton and | all. 

Immigration—Messrs. Myers, Matheson, 
Riggs, Williams of Sampson, Beal, Marsh, 
Tomlins, Stokes, Reade of Person, Mitchell 
and Newell. 

Education—Messrs. Green of Franklin, 
Gatling, Peebles, Leazer, Sherrill, Wood, 
Mathis, McCotter, Bennett, Sandifer, Riggs, 
Walker, Page, Bullock, Green of New Han- 
over, Poe and Newby. 

Banks and Currency—Messrs. King, Mc- 
Allister, Lawrence, McCotter, Houston, 
Harrison, Bradley, Dixon and Grissett. 

State Debt—Messrs. Cowell, Liles, String- 


field, Byrd, Hardy, Houston, Reale of Per- 

 80n,, “Hamilton, Smith and Bryan. 
Railroads, Post Roads and Turnpikes— 
Messrs. Ray, Anderson, Bailey of Wilson, 
Baum, Cheek, Fulton, Gudger, Person, 
_ Jenkins, Henderson, Landreth and Harris 
of Wake. 
~  Claims—Messrs. Strudwick, Brown, Byrd, 
Patrick, Lenoir, Liles, Sandifer, Covington, 
Bridgers, Bledsoe,\Grissett and Leary. 

OALENDAR. 

The calendar was then taken up and dis- 
_ posed of as follows: 
é Bill to amend chapter 282, 
i passed its third reading. 

Bill to levy a special tax in Jones county, 

passed its second reading. 
Bill to repeal chapter (41, laws 1876-77, 
and allowing justices of the peace to be 
voted for by the people. Referred. 
—__ Bill to confirm the donation of land, &c., 
in Edenton to the Elizabeth City and Nor- 
_ folk Railroad, passed its third reading. 
bill touching injunction orders. ~Third 
reading. 





laws 1879, 


SPECIAL ORDER. 
The hour for the consideration of the 
substitute of the committee for the resolu- 
tions relative to the internal revenue having 
vig ‘arrived, which was the special order for 
‘this hour the House proceeded to consider 
the following resolution came up on jis 
_ second reading : 
Be it resolved ‘by the General Assembly of 
- North Carolina: 
1st. That the internal revenue taxes of 
- the United States ought to be repealed at 
once, with such provision by rebate of 
taxes or otherwise, as will be just to those 
who hold for sale articles on which such 
‘taxes have been paid. 
_ 2d. That the collection from imports, un- 
aided by internal taxation, of the large sum 
now necessary for the administration of the 
_ Federal government, would give incidental 
“protection to home manufactures amply 
_ sufficient for their healthy development. 
_ 3d. That though Congress has power to 
lay and collect “duties, yet to lay duties 
higher than the per cent. at which they 
would raise the greatest revenue is, as to 
_ the excess above that’ per cent., to lay 
duties so as to prevent their collection, and 
is therefore without warrant in the constitu- 
tion, and that it is unjust and oppressive. 
4th. That within that per cent. Congress 
may inits discretion select and determine 
- the articles on which duties are laid, and 
at the rates of the duties on them. 
5th. That this discretion ovight to be ex- 
My ercised so as to raise a revenue not greater 
than is sufficient for the strictly economical 
administration of the Federal government, 

and the gradual reduction of the Federal 
debt ; and so as to distribute the burdens 
peor the tariff, and the incidental protection 
- given by it, as justly and equally as possi- 












id 


7’ 


my 
"a 


ft 










At its Regulur Session, 1883. 











ble to every part of the country 
classes of the people. 5m 
6th. That these resolutions are ¥ 
tended to interfere with the tpplcation of 
the principle that it is just and wise to tax — 
articles that are intended to be consumed — 
as luxuries higher than the necessaries of ~ 
life, and the materials, implements and ma- 
ce hinery consumed or used in producing, 
manufacturing and transportation. 

7th. That the tariff of the United States 
ought to be reformed, so as to make itcon- 
form to the principles set forth in the fore- 
going resolutions. 

8th. That the Secretary of State is in- 
structed to transmit copies of these reso- 
lutions to the Senators in Congress from 
North Carolina, as an expression of the 
voice of the State on the issues to which 
they relate, and to the Representatives in 
Congress from North Carolina for their re- 
spectful consideration. 

Mr. Bower offered the following amend- 
ment: 

If Congress should deem it impracticable 
to modify the present tariff, and at the same 
time abolish the internal revenue taxes, as 
the less of the two evils we prefer the re- 
tention of the former, and the abolition of 
the latter, which was adopted. 

‘tr. Powers, of Cumberland, offered the 
following substitute : 

Resolved by the House of Representa- 
tives, the Senate concurring, that our Sena- 
tors in Congress be instructed and our Rep- 
resentatives be requested to vote to abolish - 
the internal revenue system, but in case that 
is impracticable, then to modify and reduce 
the same; and in case neither is attainable to 
vote for the distribution of the internal rey- 
enue derived from distilled spirits among 
the States according to illiteracy for educa- 
tional purpyses. 

Mr. Peebles offered the following amend 
ment to Mr. Powers’ substitute, which was 
accepted by Mr. Powers: 

Provided, that the State authorities have 
exclusive control and management of said 
fund. 

There was much discussion on this meas- 
ure, participated in by Messrs. Powers, of © 
Cumberland, Bailey of Mecklenburg, Sher- 
rill, Bowen, Biedsoe, Harris of Wake, 
MeLoud, McCotter and others. Mr. Peeples 
spoke at length, and during the course of 
the debate Mr. Stanford paid his respects to 
Mr. Powers in a happy vein. 

The previous question was called and sus- — 
tained, the yeas and nays were. called, and — 
the vote on the adoption of Mr. Powers’ 
substitute was as follows: 

Yeas—Messrs. Baker, Ball, 
Bledsoe, Bradley, Bridgers, 
Bullock, Candler, Covington, Dixon, Eaton, 
Green of New i of Walle Tela Hamilton, 


a ee 


Belcher- 
ce, Bryan, 








a 


Reset 


SS 


=< ee 





' Baum, 


‘ a a a ee ee 
; ere YD. 


be 


At its Regular Session, 1833. 21 


ven, Landreth, Leary, Lineback, Mitchell, 
Montgomery, Newby, Newell, Nixon, Page, 
Pitman, Poe, Powers of Cumberland, Proc- 
tor, Smith, Speller, Stokes, Sutton, Temple, 
Waddell, Wilcox—42. 

Nays—Messrs. Abbott, Anderson, Bailey 
of Mecklenburg, Railey of Wilson, Barrett, 
Beale, Bennett, Bower, Brown, 
Bunn, Pyrd, Cain, Cheek, Crouse; Cowell, 
Forbis, Frazier, Gatling, Glenn, Green of 
Franklin, Gudger, Hardy, Harris of David- 
son, Hayes of Swain, Houston, Johnson of 
Johnston, King, Lawrence, Leazar, Lenoir, 
Liles, McAllister, MceCotter, McCurry, 
* cLoud, Marsh, ¥ atheson, Mathis, Myers, 


- Overman, Patrick, Peebles, Person, Philips, 


Posey, Powers of Cleaveland, Ray, Reid of 
Gaston, Reade of Person, Reynolds, Riggs, 
Robbins, Sherrill, Simmons, Stanford, 
Steed, Stewart, Stringfield, Strudwick, 
Tate, Thompson, Tomlins, Turner, Walker, 
Williams of Granville, Williams of Samp- 
son, Williamson, Wilson, Wood, Worthing- 
ton—71. 

The question of the adoption of Mr. 


‘Bowers’ amendment to the substitute of 


the committee was then put to the house, 
and the amendment adopted. 

Upon the adoption of the committee’s 
substitute, as amended, the yeas and nays 
were called, and the vote was as follows: 

Yeas—Megsrs. Abbott, Anderson, Bailey 
of Meckle&iburg, Bailey of Wilson, Baker, 
Ball, Barrett, Baum, Beale, Belcher, Ben- 
nett, Bledsoe, Bower, Bradley, Bridgers, 
Brown, Bryan, Bullock, Bunn, Byrd, Cain, 
Candler, Covington, Cheek, Crouse, Cowell, 
Dixon, Forbis, Gatling, Glenn, Green of 
Franklin, Gudger, Hamilton, Hardy, Har- 
ris of Davidson, Hayes of Robeson, Hayes 
of Swain, Henderson, Holt, Holton, Hous- 
ton, Jenkins, Johnson of Johnston, King, 
Landreth, Lawrence, Leazar, Lenoir, Liles, 
Lineback, McAllister, McCotter, McCurry, 
¥'cLoud, Marsh, Watheson, Mathis, Mitch- 


ell, Myers, Newell; Nixon, Overman, Page, 
Patrick, Peebles, 


Person, Philips, Poe, 
Posey, Powers of Cleaveland, Powers of 
Cumberland, Proctor, Pruitt, Ray, Reid of 
Gaston, Reade of Person, Reynolds, Riggs, 
Robbins, Sherrill, Simmons, Smith, Stan- 
ford, Steed, Stewart, Stokes, Stringfield, 
Strudwick, Tate, Temple, Thompson, 
Tomlins, Turner, Walker, Williams of 
Granville, Willams of Sampson, William- 


‘son, Wilcox, Wilson, Wood, Worthington 


—101. 

Nays—Haton, Frazier, Green of New 
Hanover, Grissett, Harrison, Harris of 
Wake, Johnson of Craven, Leary, Mont- 
gomery, Newby, Pitman, Speller, Sutton, 
Waddell—14. 

Mr. Harris, of Wake, in explaing his vote, 
stated that he voted against the resolution 
on account of the free trade embraced in it. 

The substitute passed its third reading, 





CALENDAR. 
The calendar was then resumed. 
Bill to amend the charter of the Atlantic 
Coast Line Railroad Company. Third read- 


ing. 
Bin to exempt from poll tax persons over 


45 years of age. Tabled. 

Bill to relieve ministers from poll tax. 
Passed over informally. 

Bill to incorporate the Narrow Island 
Club. Passed over informally. 

Bill relative to the sale of liquor on days 
of public speaking. Made special order 
for 11 o’clock a. m., to-morrow. 

Rill to pay witnesses in criminal causes 
before justices of the peace. Passed over 
informally. 

The House on motion, adjourned. 


SENATE. 
EIGHTH DAY. 
Tuourspay, January 11, 1883. 

President Robinson called the Senate to 
order at 11 o’clock. 

Prayer was offered by Rev. Dr. Atkinson, 
pastor of the Second Presbyterian church. 

The journal of yesterday was read and ap- 
proved. 

Mr. Berry announced that his colleague, 
Mr. Neill, was present, and ready to take 
his seat. After taking the oath of office, he 
was conducted to his seat. 

PETITIONS. 

Mr. Whitford, petition of cltizens of “ra- 
ven county, in Sregard’ to the waste of tim- 
ber in that county during the war. 

Mr. Pinnix, a petition from citizens of 
Davidson county in regard to drainage of 
Fry’s creek in said county. 

Mr. Watson, a petition from citizens of 
Forsyth and Davidson counties in regard to 
the drainage of South Fork creek. | 

Mr. Watson, a petition in regard to pro- 
hibition in Germantown, Stokes county. 

REPORTS OF COMMITTEES. 

Reports were made from the following 
committees : 

Judiciary committee, by Mr. Black. 

Education, by Messrs. Costner and Me- 
bane. 

Engrossed bills, by Mr. King, of Chero- 
kee. 

Corporations, ,by Messrs. 
Strayhorn. 

Privileges and ‘elections, by Mr. Jones. 

BILLS AND RESOLUTIONS INTRODUCED. 

Mr. Whitford, bill for the relief of the 
farmers of Craven county. Referred to 
committee on agriculture. 

Mr. Watson, bill concerning the sale of 
spirituous liquors at Germantown, Stokes 
county. 

By the same, bill concerning the drain- 
age of the low lands of South Fork ereek, 
in Forsyth and Vavidson counties. 

Mr. Payne, by request, bill to amend the 
charter of the Hibernian Benevolent So- 





Evans and 


* 


‘a 3 \ . \ 
iy 22 


ciety of Wilmington. 
mittee on corporations. 
_ By the same, by request, bill to amend 
- chapter 117, laws of 1881, in, regard to 
levying taxes. 
mittee. 

; Mr. McLean, bill to restore fees to attor- 
 neys at law in civil cases. Referred to ju- 
_ diciary committee. 

_ By the same, bill to repeal chapter 212, 
laws of 1879. 

Mr. Lyon, bill in regard to lands belong- 


Referred to com- 


ing to the board of education in Bladen 
county. Referred to committee on educa- 
tion. 


By the same, bill to prescribe the fees of 
- clerks of the Superior Court for probating 
and of Register of Deeds for recording 
_ chattel mortgages. 
~ Mr. Womack, resolution. concerning 
- Governor’s Mansion and repairing State 
Capitol. Placed upon the calendar. 
Mr. Pinnix, by request, bill in regard to 
securing better drainage of the low lands of 
_. Fry Creek. 

“Mr. Womack, resolution to print 100 

copies of joint rules for use of the Senate. 
r. McLean, a bill to amend chapter 
234, laws 1881. 
Mr. Clark, a resolution requesting the 
Treasurer to inform the Senate whether 
the five hundred and fifty thousand dollars 
of the first mortgage bonds of the Western 
North arolina railroad have been deposited 
in the Treasury. 
By the same, bill to fix the time at which 
the value of property wrongfully taken 
shall be assessed. 
f Mr. Hill, regarding the sale or giving 
away of spirituous liquors at places where 
political speakings are held. 
Mr. Ebbs, bill in regard to allowing com- 
_ missioners to place the names of school 
_ committeemen in the jury box. Referred 
to judiciary commitee. 

By the same, bill disallowing the reg- 
_isters of deed any fees except mileage and 
- perdiem while acting as clerk exofiicio to the 
board of county commissioners. Referred 
am to committee on salaries and fees. 















tors of election for their services. 


ny 
Be suggesting to the committee on finance cer- 
tain charges in the manner now in force of 
collecting merchants’ tax, which was 
adopted. 
Me MESSAGES. 
__ ~—Messages were received from the House 
announcing the%passage of the following 
ane bills’: 
y Bill relating to lands donated by the town 
of Edenton to the Elizabeth City and Nor- 
folk Railroad Company. 

Bill touching injunction orders. 
my Bill to amend the charter of the Atlantic 
Coast Railroad. 








Referred to finance com- 


Mr. Loftin, bill to pay judges or inspec- 


Mr. Scott, of Rockingham, resolution 


Proceedings of the General Assembly of North 












; 


Upon motion of Mr. Womack t les 
were suspended and the report of the com- 
mittee on joint rules for the government of 
the two houses was adopted. The rules re- 
ported are the same as poneraey the last. 
Legislature, except that they do not provide _ 
for a committee on apportionment. : “4 

Upon Mr. Jones’ motion the rules were 

suspended and the report of the committee 
on privileges and elections in regard to the 
contested case between Halstead and Wood- _ 
house wastakenup. The committee unan- 
imously reported by resolution that Mr. J. 
M. Woodhouse, Democrat, was entitled to 
the seat in the Senate as Senator from the 
first district instead of Mr. Halstead, Re- 
publican, who held the seat by a certificate 
from that district. 

Pending the passage of the resolution 
\r. Clarke stated that he was a Republican, 
but felt assured from the evidence that had 
been brought before the committee that Mr. 
Woodhouse was duly elected, and was in 
favor of his being seated. 

Mr. Jones, chairman of the committtee, 
explained that the reason a report was 
made favorable to “r. Woodhouse was be- 
cause in one township, St. John’s, it 
was found that the board of canvassers 
gave 'r. Woodhouse credit for only 82 
votes, while the records show that he re- 
ceived 282—these 200 votes omitted being _ 
a sufficient number to give * r. Woodhouse ~ 
a majority over his competitor. 

Mr. Halstead said he wanted the Senate 
to distinctly understand that he had no 
hand in bringing about the. fraudulent re- 
turns of St. John’s township, that he had 
had a great deal to do with handling elec- 
tion returns since the war, and that he 
always regarded them as sacred as the 
funeral rites of the dead. 

Mr. Linney asked if he was willing to 
hold the seat, knowing as he did that Capt. 
Woodhouse was elected. 

Mr. Halstead said he was willing to give 
it up. His greatest complaint seemed to be. — 
on account of the committee not giving him 
more time before the report was made. 

Mr. Purnell, Republican, said that Mr. — 
Halstead had had every showing any man 
could-ask, and as there wasno evidence ~ 
before the committee to justify it in post- — 
poning the matter any longer, he was in fa- 
vor of immediate action, and in favor of ~ 
giving Mr. Woodhouse a seat as Senator — 
from the first district at once. : 

The resolution was adopted—all the Sen- — 
ators present voting for it except Mr. Scott, — 
of New Hanover, who voted against it. 

CALENDAR. 

Upon the request of Mr. McLean, bill re- 
lating to the sale of liquor within certain 
distances of Bethany Presbyterian church, 
and Sandy : reek Baptist church, in Robe- 
son county, was considered and passed its — 
several readings. an 3 hs uit 











¥ 








at 


eS at ks 


Bill to authorize the commissioners of 
Haywood county to levy a special tax to 
build a court house passed its final reading, 
all the Senators present voting: for it ex- 
cept Mr. Purnell, who voted against it. 

Bill for the relief of the administrator of 
the late sheriff of Columbus county, was 
passed over informally. 

Pill for the relief of the tax-payers of 
Granville county passed second and third 
readings. 

Bill repealing the law which prohibits 
the selling or giving away of spirituous 
liquors within two miles of any political 


_ ‘speaking, was placed upon its second read- 
4 ing. 


Mr. Scott, of Rockingham, the intro- 
ducer, was sorry that the judiciary com- 
mittee saw fit to recommend adversely on 
this bill, and argued that his bill should 
pass, for the law as it now stands discrimi- 
nates in favor of incorporated towns, and 
that this bill would place all towns on an 
equal footing in regard to the sale of liquor 
on days of political speaking. 

Mr. Womack could see no good reason 
for repealing the law, for if it was violated 
at times the courts of the State should be 
applied to and the law properly enforced. 

Mr. Hill thought as the law stands it was 
class legislation in favor of bar-keepers in 
incorporated towns. 

Mr. Watson said there were about forty 
stills and liquor shops in one county of his 
district, and the present law had the effect 
of injuring this industry to a considerable 
extent during every campaign, and that it 
would virtually change the selling of the 
beverage from across the counters to the 
chinquepin thickets in the west and the 
whortleberry swamps in the east. 

Mr. Linney was opposed to the sale of 
liquor, but was favorable to the repeal of 
this law from the fact that in many cases 
the law, would be violated unintentionally, 
the party selling within the distance of two 
miles without knowledge of. the speak- 
ing, and cited as an illustration the severe 
laws of Caligula, which were hung so high 
that they were never read and then the of- 
fenders punished far the violation. 

Mr. ¥orehead favored the law as it now 


Ma stands. 








Mr.‘ larke said it worked well inhis sec- 
tion, and that if it was repealed it would be 
a public calamity. While liquor was a 
good thing in its place, he was in favor of 


_ throwing all possible safeguards about it. 


Mr. Watson—How many stills are in your 
~ district ? 
‘Mr. « larke—Quite a number. There is a 
large revenue from them in my district. 
« r. Pemberton—Where is the right place 
for whisky ? 
Mr. Clarke—Not in the stomachs of peo- 
ple about a political speaking. 
Mr. Payne offered an amendment to pro- 
ies eal 





At its Regular Session, 1883. 





23 


hibit the sale or distribution of liquor at the 
place of speaking. 

Mr. Womack inquired what distance 
from the man speaking his amendment in- 
cluded. : 

Mr. Payne :—Within the range of the 
speaker’s voice, and not two miles, for the 
speaker would have an extraordinary pair 
of lungs ifhe could be heard that distance. 

Upon motion of Mr. Strayhorn the bill 
with amendment was re-committed to the 
judiciary committee. 

Mr. Halstead, bill to amend the laws of 
1879, making the governor’s salary $4,000, 
was put npon its second reading, and upon 
motion of Mr. Linney was indefinitely post- 
poned. 

Bill in regard to the landlord and tenant 
act was re-committed t@ judiciary commit- 
tee. 

Pill to amend chapters 1, 2, 9 and 10 of 
laws of 1879, upon motion of Mr. Black, 
was tabled. 

Bill to prevent justices of the peace from 
electing themselves was informally passed 
over. 

Fill in regard to clerks of the court em- 
ploying deputies, upon motion of Mr. Me- 
bane, the introducer, was tabled. 

Bill for the relief of the sheriffs of the 
State, upon motion of Mr. Linney, was re- 
committed. 

Billin regard to registers and judges of 
election, upon motion of the introducer, 
Mr. “ebane, was indefinitely postponed. 

Bill amending chapter 3, laws of 1876-77, 
in regard to lawful fence, passed its several 
readings. 

.Bill amending chapter 62, laws of 1873- 
74, transferring jurisdiction from magis- 
trates to Superior Court in regard to sale of 
cotton within certain hours, passed its sev- 
eral readings and was ordered engrossed. 

Bill to authorize the registration of the 
bonds of this State, to provide the means 
therefor and other purposes, passed second 
and third readings and ordered engrossed. 

Bill in regard to cotton weighers employ- 
ing assistants passed and ordered engrossed. 

ill relating to disposition of mortgage 
property was passed and ordered engrossed. 

House bill in regard to the commutation 
and settlement of the State debt passed and 
was ordered enrolled. 

Upon motion, the Senate adjourned to 
meet to-morrow at 11 o’clock. 


HOUSE OF REPRESENTATIVES. 

The House was called to order by Speaker 
Rose, at 10 o’clock p. m. ‘ 

The reading of the journal was dispensed 
with. 

OOMMITTEES. 

Various committees reported favorably 
upon the following bills: 

To relieve Carteret county from the pro- 
visions of sections 6 and 7, of chapter 118, 


» 





», 
of Battle’s Revisal. To make fishermen re- 
serve their net stakes in navigable waters. 
_ To ascertain the dividing line between car- 
_ teret and Craven counties. To amend chap- 
ter 34, laws of 1880. To extend the time 
ts taking out grants for land. To estab- 





lish the dividing line between Harnett and 
_ Johnston county. To repeal the act mak- 
_ ing Tuckasegee river a lawful fence. Act 
concerning the Supreme Court Reporter. 
_ A substitute for an act repealing chapter 
i 147, laws 1881, relative to pilotage. A sub- 
‘ stitute for an act to make the Carolina Cen- 
tral Rallroad keep alight on their bridge 
above Wilmington. For the protection of 
- sheep and other domestic animals in Yan- 
- cey county. To amend section 8, chapter 
84, laws of 1879. ‘ 
- To prohibit the gerection of artificial 
islands in the navigable waters of the 
State. 
To authorize the commissioners of Car- 
* teret county to pay certain school orders. 
Substitute for an act to amend section 65, 
chapter 63, of Battle’s Revisal. 
Resolutions of instruction to our mem- 
bers in Congress relative to the internal 
- revenue. 
4 ENGROSSED BILLS. 
- The committee reported as properly en- 
grossed the following bills and resolutions: 
_ To print joint rules. ; 
— Touching injunction orders. 

To amend the charter of the Atlantic 

~ Coast Line Railroad. 
To confirm the donations of land in the 
own of Edenton to the Elizabeth City and 
_ Norfolk Railroad Company. 
“4 RESOLUTIONS. 
Mr. Glenn, resolution allowing the tax 
collector of Rockingham and other to- 
_ bacco-growing counties until the first of 
_ May to settle taxes. : 
_ Mr. Gudger, resolution explaining the 
‘sense of the House relative to its members 
seeking offices created by the Gene.al As- 
sembly. 
Dies BILLS. 
The following bills were introduced, 
passed their first reading and were appro- 
priately referred. ; 
_. Mr. Baker, to establish the county line 
_ between the counties of Northampton and 
Warren. 
_ Mr. Bailey, of Mecklenburg, to allow a 
_ second action for the recovery of land. Re- 
_ quiring county commissioners to hold their 
- meeting public. 
- -Mr. Grissett, concerning fees on chattel 
_ mortgages. 5 
Mr. Bryan, to elect school committees by 
the voters of the school districts. To abol- 
ish the county superintendents of free 
- schools.in North Carolina. 
Mr. Hayes, of Swain, to allow the tax 
collector to collect arrears of taxes for the 
years 1879-80-81 and 82. 


1 


) 





























“may advertise to speak there. 


| while the regular de 


Mr. Covington, allowing | 






tees one dollar per day while actually en- 





gaged. For the protection of citizens and. by 


factory operatives. 


Mr. Barrett, regulating fishing in] amlico 


and Tar rivers. 

Mr. Bullock, to pay registrars, judges, 
&c., of elections. 

Mr. Harris, of Davidson, to abolish the 
office of County Superintendent of Public 
Instruction. 

Mr. Smith, to furnish soldiers from 
North Carolina with artificial limbs. 

Mr. Rose, to grant amnesty and pardon 
to certain persons retailing liquor without” 
license. 

Mr. Page, for the protection of farmers. 

Mr. Newby, to authorize the commis- 


sioners of Pasquotank county to levy a 
special tax. . 
Mr. Green, of Franklin, to change the 


fiscal year of the State government ard for 
other purposes. 
OALENDAR. : 

The calendar was then taken up and the 
following bills disposed of as follows : 

To authorize the county commissioners 
of Jones county to levy a special tax, 
passed its third reading. 

To incorporate the Newton Cotton Mills, 
passed third reading. 

‘To amend chapter 116, laws 1881, chang- 
ing gallon to quart, passed third reading. 

To amend chapter 141, section 5, laws of 
1876-77, making justices of the peace in- 
eligible to the office of county commis- 
sioners, passed over informally. 

To relieve ministers of the gospel from 
working the roads and from poll-tax. Ta- 
bled. 


SPECIAL ORDER. 


11 o’clock having arrived, and the fol- 
lowing bill being the special order for that 
hour, was taken up on its second reading. 

Bill to repeal chapter 212, laws of 1879, 
which prohibits the sale of liquor on days 
of public “pean 

Mr. Glenn, of Rockingham, said: _ 

“Tam.as much opposed as any one to 
tearing down all restrictions and flooding 
the country with whisky, but I believe all 
our laws should be just and bear upon all 
persons alike, and it is for the reason that 
this is an unjust law that I wish to see it 
repealed. Take my own county, Rocking- 
ham, for an example. We have a great 
many bar-rooms; they are all taxed heavil 
and all have to pay the’ same for their li- 
cense, yet in four or five places they have 
the right to sell at all times because they 
are incorporated, and all other places are 
denied this right upon any day that any one 
Yet these 
bar-keepers are paying the same taxes that 
those are who can sell all the time. Besides, 

alers are prohibited 


Ry, 






































eitini it is sold on the sly by persons 
ave no right to sell, thus violating the 
, and doing an injustice to those who 
y "the tax and try. to observe the law.” 
Mr. Myers stated" that while the people 
had expressed their disgust for a prohibi- 
tion law, yet there was very great danger 
- of going to the other extreme, and “he 

sate ,the House had better proceed cau- 
tious 
Mr. Partin of “Wake, hoped that the 
gentleman from Rockingham would only 
insist on a repeal of ,the law, as far as his 
county was concerned—that so far as he 
was concerned he would then vote for the 
bill, but thatehe; was unwilling to remove 
he restraint from the sale of whisky at such 
imes in his own county. Mr. Powers, of 
Cumberland, agreed with Mr. Meyer and 
hoped the present bill would not pass. 

mr. Stringfield also spoke in opposition 
to the present bill. 

On motion the bill, was laid upon the 
table. 


a9 
s 


CALENDAR (resumed). 


To incorporate the Narrows Island Club. 
On motion of Mr. Sandford, referred to the 
committee on corporations. 

To repeal chapter 95, laws of 1879. On 
- motion of Mr. McLoud, it was made the 
_ special order for to-morrow at 12 o’clock m. 

Relative to the carrying off and hiring of 
minors. Tabled. 

_ To amend the act entitled an act for the 
4 better security of human life. » Indeflnitely 
postponed. 

To pay witnesses in criminal prosecu- 
_ tions before justices- of the Peace. Re- 
Reuterced. 

To amend@chapter 116, section 26, laws 
a 1881, by changing the word gallon to pint. 
4 Tabled. 

os To amend section 17, chapaer 116, laws 
1881. Failed to pass its second reading. 

To work the public roads by taxation. 
- Tabled. 

To prevent tlie obstruction of highways. 
- Tabled. 

To exempt farming implements from tax- 
- ation. Tabled. 

_ To gincorporate “the Charlotte [| cotton 
‘mills. Passed third reading. 

To amend the act pr ohibiting the sale of 
liquor on Sunday, so as to prevent the dis- 
posing of it in any manner. Passed third 


















Saebiih the standard weight for a 
of pork. Passed third reading. 

ive to Big Swamp, i in Bladen n county. 

d third reading. .° 

| Dow opriate and? set apart Fcertain 
funds: fpprop use of the oe North Car- 
e Asylum. Passed third’reading. 
ction to our members’i in Con- 


At its Regular Session, 1883. 


25 


tions be changed to the first Tuesday in 
August. Informally passed over. 

Of instruction to the finance committee 
relative to distillers of fruit. Referred. 

Relative to soldiers in the late war who 
lost limbs. Referred. 

MESSAGE. 

A message was received from the Senate 
informing the House that the following bills 
and resolutions had been passed by the 
Senate: 

To amend section 5, ch. 234, laws 1881. 

Prohibiting the catching of fish in Lum- 
berton river. 

Prohibiting the felling of timber in Spring 
Creek township i in Madison county. 

To authorize the commissioners to pay 
the indebtedness of Madison county in 
bonds. 

Relative to fishing iu the waters of Hen- 
derson county. 

To raise a joint committee on railroad 
commission. Concurred in. 

Prohibiting the sale of liquors in one mile 
of Holt’s Chapel. Concurred in. 

Leave of absence was granted to Messrs. 
Page, Dixon and Fulton “until Monday and 
to Mr. Harrison until Tuesday. 

The rules were on motion suspended and 
the following resolution adopted : 

Resolution relative to the pay of the em- 
ployees of the General Assembly. 

The House on motion adjourned. 


SENATE. 











NINTH DAY. 
Fripay, January 12. 


The Senate was called to order by Presi- 
dent Robinson. 

Prayer by Rev. Mr. Gwaltney, pastor of 
the Second Baptist church of this eity. 

Journal of yesterday was read and ap- 
proved. 

Mr. Scott, of New Hanover, said upon 
investigating more fully in regard to the 
contested case between Halstead and Wood- 
house, that he was satisfied that neither one 
of the parties were to blame for what they 
had done, and that the action of the com- 
mittee and the Senate was correct in seat- 
ing Mr. Woodhouse, and that he would be 
glad to change his vote of yesterday. 

The chair ruled that he had no right to 
order a change of the record. 

Mr. Dortch said he could see no reason 
but that Mr. Scott could be allowed to re- 
cord himself as voting for “r. Woodhouse 
to take his seat if it was by unanimous con- 
sent of the Senate. 

Mr. Ramsay moved that Mr. 
recorded. 
| Mr. Morehead said the Senate had no 
| right to change the record of yesterday un- 
less the record was in error. In this case — 
there was no error in the record and: 


Scott be 50 





26 


the journal could not be changed, but that 
the journal of to-day could show by the 
adoption of the motion that Mr. Scott had 
changed his mind in regard to the matter. 

Mr. Ramsay said that inasmuch as the 
changing of this vote would not change the 
result, Mr. Scott ought to be allowed this 
privilege. This motion prevailed unani- 
mously. 

PETITIONS. 

Mr. Watson introduced a petition from 
the tobacco manufacturers of Winston in 
regard to the license tax. 

Mr. King, of Cherokee, petition to allow 
the commissioners of Cherokee county to 
levy a special tax to create a sinking fund. 

Mr. oykin, petition from citizens of 
Clinton, Sampson county, in regard to their 
town charter. 

Mr. Watson, petition from citizens of 
Germanton, asking that that town be in- 
corporated. 

REPORTS OF COMMITTEES. 

Reports were received from the following 
committees : 

Judiciary, by Yessrs. “cLean, Boykin, 
Womack, Strayhorn, Black, Loftin, Caho, 
Webb and Dortch. 

Corporations, by Vessrs. Evans and Me- 
bane. 

Engrossed bills, by Mr. King, of Cher- 
okee. 

MESSAGES. 

Messages were received from the House 
announcing the passage of the following 
bills and asking the Senate to concur in the 
same : 

Bill to inecoporate, the Charlotte cotton 
mills. 

Bill to amend chapter 116, laws of 1881. 

Bill to. appropriate and set apart certain 
' funds to the use of the Board of Directors 
of the Western North Carolina Insane Asy- 
lum. 

Bill to allow the county commissioners of 
Jones county to levy a special tax. 

Bill to amend an act to prevent the sale 
of malt or spirituous liquors on Sunday. 

Bill concerning Big Swamp in Bladen 
county. 

Bill to establish a standard weight cf a 
barrel of pork. 

Resolution on internal revenue taxation. 

Resolution concerning the pay of the em- 
ployees of the General Assembly, 

A message was received from the House 
announcing that that boty had concurred 
in the Senate amendment to House bill in 
regard to the sale of liquor near Holt’s 
Chapel in Guilford;Co.; andalso concurred 
in the Senate resolution to take into con- 
sideration the establishment of a railroad 
commission. 

BILLS AND RESOLUTIONS INTRODUCED. 

Mr. Worehead, a bill to amend the law of 
divorce. 

Mr. Ramsay, a bill for the relief C. C. 


Proceedings of the General Assembly of North Caro 





a 
« 


Sandford, the late sheriff of D 
Referred to the,committee on finance. 
Mr. Scott, of Rockingham, a b 
amend the law in regard to the cancellation 
of mortgages. : 

Mr. Purnell, a bill modifying the law of 
practice in respect to the continuance of 
actions and matters pending in the several 
courts of the State. Referred to the ju- 
diciary committee. 

Mr. Caho, resolution in regard to the 
joint select committee on fish interests. 

Mr. McLean, a bill amending the law re- 
lating to advertising. 

Mr. Clarke, a resolutionin regard to the 
expenses of Messrs. Halstead and Wood- 
house. Placed on the calendaf. 

Mr. Toon, bill to incorporate the Southern 
Ore Company. Referred to committee on 
corporations. 

By the same, bill for the relief of disabled 
Jonfederate soldiers. 

Mr. Webb, bill toamend’the public school 
law. 

vr. Watson, bill to incorporate the town 
of Germantown, in Stokes county. 

By the same, bill for the protection of 
mechanics and co-laborers. 

Mr. Linney, bill to provide a remedy for 
forcible entry and detainer. Referred to 
the judiciary committee. 

“y. Gray, bill to amend chapter 116, laws 
1881. Referred to the finance committe. 

Mr. Boykin, bill to amend the law in re- 
gard to the charter of the town of Clinton. 
Referred to the committee on corporations. 

The following announcements were made 
of the Senate branches of joint committees : 

Salaries and fees—Messrs. Woodhouse, 
Black, Alexander, Berry, Scott of New 
Hanover, Gray and Goodwyn. 

Printing—Messrs. Evans, Whitford and 
Sp2ight. 

Library—Messrs. Hill, 

Eaves. 

Public buildings and grounds—Messrs. 
Poole, Battle and Purnell. 

Redistricting the State—“essrs. Caho, 
Dortch, Boykin, Womack, Pinnix,Graham, 
Watson, Jones and Clarke. 

Railroad commission—Messrs. Payne 
Pinnix,. Boykin, Costner and Clarke. 

Enrolled bills—Messrs. Pemberton, Black 
and Ramsay. ‘ 

Mr. Woodhouse was announced as taking 
the place of Mr. Halstead on the committee 
on finance, : 

Upon motion, Vr. Pinnix and Mr. Hamp- 
ton were added to the judiciary committee. 

Leave of nce was granted Messrs. 
McLean, Lyon; Goodwyn and Scott, of 
New Hanover. 


Hampton and 


| OALENDAR. 

Bill for the relief of the administrators 
of the sheriff of Columbus county passed 
its third reading and was ordered en- 
grossed. : 


t ~ 






> 










county indebtedness passed, and was or- 


ay 



























tabled. 





it 8) 


voted for the bill except Mr. Purnell, who 
- coupon bonds to build a, court house, jail, 
 &¢., was put upon its second reading. 


is in my district, and I want the passage of | 
- the bill delayed until I have a chance to go 





' troduce by one of the largest taxpayers of 


bation of the county commissioners. I prac- 
tice in the courts in that county,and know the 
' people need a court house and jail. 





county electing themselves was put on its 


- and nays. 


i Be 


“as at so ee At its Regular 


i 


Bill authorizing the commissioners of 
Moore county to ‘levy a sperial tax to pay 


dered engrossed. Every Senator present 


voted against it. 
_ Billin regard to Pender county issuing 


Mr. Scott, of New Hanover—This county 


down and consult with the citizens of Pen- 
der as regards their wants. 
Mr Boykin—The bill was given me to in- 


the county, and I know it meets the appro- 


All 
their prisoners are now confined in New 
Hanover jail. 

Mr. Goodwin—I see no reason why this 
bill should not pass its second reading to- 
day, and then before its final passage the 
gentleman from New Hanover will have a 
chance to learn more about it. 

The bill passed its second reading. 

‘ill to repeal chapter 331, laws of 1879, 
in regard to lunatics outside the asylum, | 
upon motion of Vr. tlack was tabled. 

Bill in regard to magistrates in Lenoir 


second reading. 

‘yr. Loftin, the introducer, said it had 
become a disgrace to the management of 
county affairs in Lenoir the way matters 
had been conducted there by the magis- 
trates, in the way of keeping themselves 
and near relatives in office, which the peo- 
ple of the county generally disapproved, 
and that the county might get the proper 
relief it was necessary to pass this bill. 

» xr. Dortch: The Code provides that no 
magistrate is allowed to elect himself com- 
missioner, which will cover the bill now 
pending. 

Upon a motion made to table, made by 
Mr. Costner, » r. Loftin demanded the yeas 
The bill was placed upon the 
table, 80 to 8. 

* Bill to amend the public sehool Jaws of 
881, upon motion of Mr. Pemberton, was 


Bill to repeal the amendment to the char- 

er of the town of Plymouth, Washington 

ounty, made during the session of 1881, 

ssed, and was ordered engrossed. 

Bill to amend chapter 318, laws of 1881, 

iking out Halifax county, passed, ands 
ered engrossed. 

amend chapter 200, laws of 1881, 


ywing the sale of liquor in the town 


“ih LG MRA Bt 
iy 4 i ANYy 





town passed,:~ was ordered en- 
ADEs Rr * 





Session, 1883, 27 
Bill to secure better drainage for the low 
lands of South Fork Creek, in Forsyth and 
Davidson counties, upon motion of Mr. 
Pinnix, was postponed until next Tuesday. 
Resolution of ifiquiry to the Treasurer in 
regard to the $550,000 bonds was read. 

wir. Clarke, the introducer, said that the 
people of his section were right much in- 
terested to know all about this matter, and 
that he offered the resolution to get a plain 
report from the Treasurer. laa 

Mr. Boykin—I do not see the necessity 
of hurrying this matter through, and think 
it would be better to refer the resolution to 
a committee. 

Mr. Vorehead called the attention of the 
Senator from Craven to the fact that the 
Treasurer’s report, now on the desks of the 
Senators showed the disposition of $220,000. 

Mr. Clarke—Yes, sir, but I want to know 
about that $30,000. 

Mr. Pemberton—I have no objection to 
the resolution and will stand security that 
Dr. Worth can show where every dollar of 
the money went to. 

Wr. Clarke—I do not charge the Treas- 
urer with fraud, for I believe him to be one 
of the most honest men in the State; I only 
want to know what has become of the 
funds. 

Mr. Dortch—If the Senator will read the 
bill of sale of the Western North Carolina 
Railroad, enacted at the special session of 
1880, he will see that the $80,000 was paid 
cash. 

“ir. Caho moved to refer the resolution to 
the committee on finance. Lost. 

A vote was then taken upon the resolu- 
tion and it was adopted. 

Resolution appointing a committee fo 
look into the propriety of erecting a Goy- 
ernor’s mansion and renovating and repair- 
ing the capitol was adopted. 

Resolution in regard to paying Mr. Hal- 
stead, the ousted Senator from the first dis- 
trict, fifty dollars in addition to mileage 
and per diem was, upon motion of Wr. 
Lofttin, placed upon the table. 

Senate adjourned to meet at 11 o’clock 
to-morrow. 

[Norr.—In the report of bills introduced 
yesterday, the reporter unintentionally 
omitted one by Mr. Pemberton, a bill to 
more effectually punish the crime of at- 
tempting to murder by poisoning. 


HOUSE OF REPRESENTATIVES. 

The House met at the usual hour, Mr. 
Speaker Rose in the chair. 

Prayer by the Rev. » 1. Gwaltney, of the 
Second Baptist church. 

The reading of the journal of yesterday 
was On motion dispensed with, and it stood 
approved. ‘ 

REPORTS OF COMMITTEES 

Judiciary—Reports were madé by Messrs. 

McLoud, Forbis, Bullock, Overman, Rob- 





PAL. Mae 2 wy. 


- 


> 


28 


bins, Frazier and Holton. Mr. Bailey, of 
Mecklenburg, the chairman, reported for 
the committee the following: A bill to be 


- entitled an act to grant amnesty and pardon 


to persons who retailed liquors without 
license [during prohibition excitement. ] 

Corporations— “ir. Lawrence made a re, 
port for this committee. 

Education—Reports were by 
WMessrs. Leazar and Bullock. 

Propositions and Grievanees—Messrs. 
Holt, Green of New Hanover and Nixon 
made reports. 

Salaries and Fees—Mr. Sherrill made the 
report for this committee. 

nternal Revenue—Report of this com- 
mittee was made by Wr. Holton. 

Finance—Reported through ‘’r. Tate. 

Engrossed Bills—Mr. Gatling made a re- 
port for this committee. 

PETITIONS. 

The following petitions were introduced : 

Mr. Beal, petition from the citizens of 
Davidson county, praying that the sale of 
intoxicating drinks be prohibited within 
two miles of Rick’s school house. 

Mr. Stringfield, petition asking that the 
sale of liquor be prohibited near Harmony 
Grove and Arnold Plains churches. 

Mr. Williams, of Sampson, petition from 
citizens of his county with reference to a 
school district. 

Mr. Bryan, petition asking that a part of 
the top of the Blue Ridge be made the di- 
viding line between Alleghany and Wilkes 
counties. | 


made 





BILLS. 


The following bills were introduced and 
“passed their first reading, and were appro- 
priately referred : 

Mr. Simmons, making it a misdemeanor 
to ride or drive faster than a walk over 
Washington, Aurora and Leachville bridges. 

“Mr. Stringfield, to prohibit the sale of 
intoxicating drinks within two miles of 
Harmony Grove, Arnold Plains and Bethel 
churehes in Haywood county. 

Mr. Byrd, toamend chapter 173, laws of 
1881. 

Mr. Forbis, amending the constitution 
relative to the election of sheriffs and coro- 
ners. 

Mr. Worthington, to establish twelve ju- 
dicial districts in North ‘ arolina. 

Mr. Bailey, of Mecklenburg, to authorize 
judges going out of office to perform cer- 
tain functions. 

Mr. Strudwick, to amend chapter 183, 
laws of 1879, relating to notes and bonds. 

Mir. Holt, repealing the act incorporating 
the town of Mebanesville. 

Mr. Bryan, to make a part of the top of 
the Blue Ridge the dividing line between 
the counties of Alleghany and Wilkes. 

Mr. Tate, relative to the forgery of names 
to petitions and other papers. 


Proce dings of the General Assimbly of North Carolina, | 








| 










7 Ta 
« 





Mr. Stringfield, concer: 
live stock by railroads. 
Mr. Bower, for the relief of Sam 


ms 
, 
os 
4 * Jo 


alaieairget 





ley, late tax collector of Caldwell county, = 


Mr. Bailey, of Mecklenburg, to authorize 
the Virginia and Carolina Railroad and the 
Pamlico Railroad Companies to extend and 
open their roads within the limits of this 
State. . 

Mr. Wilcox, to amend the resolution to 
remit tax fees on turnpike roads. 

OALENDAR. 

The calendar was then taken up and the 
following bills disposed of as follows : 

To amend section 2, chapter 89, laws 
1881, (relating to the seduction of married 
women). Tabled, and the motion to table 
reconsidered, and that motion laid upon 
the table. 

The committee’s substitute to an act to 
repeal chapter 141, laws 1881, relating to 
pilotage, passed third reading. 

A bill to provide for the wowetae of the 
public roads by taxation. 

Mr. Williams, of Sampson, moved to 
table, and upon that motion the ayes and 
nays were called for and the call sustained. 
The bill was upon a vote being had tabled 
by a party vote. - The vote was as follows: 

Ayes— “essrs. Abbott, Anderson, Bailey, 
of Mecklenburg, Bailey, of Wilson, Ball, 
Barrett, Baum, Beale, Bennett, Bower, 
Bradley, Prown, Bruce, Kunn, ~ yrd, Cain, 
Candler, Crouse, Cowell, Forbis, eae 
Glenn, Green, of Franklin, Gudger, Hamil- 
ton, Hardy, Harris, of Davidson, Hayes, 
of Swain, Holt,, Houston, Johnson, of 
Johnston, King, Landreth, Lawrence, ‘Lea- 
ry, Leazar, Liles, McAllister, ™cCotter, 
*cCurry, MecLoud, ‘*arsh, Matheson, 
Mathis, “yers, Overman, Patrick, Pee- 
bles, Person, Philips, Posey, Powers, 
of Cleaveland, Pruitt, Ray, Reid, of 
Gaston, Reade, of Person, Reynolds, Riggs, 
Robbins, Sherrill, Simmons, Steed, Stew- 
art, Stringfield, Strudwick, Thompson, 
Tomlins, Turner, Walker, Willams, of 
Granville, Williams, of Sampson, Wiljam- 
son, Wilson, Worthington, Ray—75. 

Nays—Messrs. Belcher, Bledsoe, Bridg- 
ers, Pryan, Bullock, Covington, Cheek, 
Eaton, Frazier, Green, of New Hanover, 
Grissett, Harris, of Wake, Hayes, of Robe- 
son, Henderson, Hewlin, Holton, Jenkins, 
Johnson, of Craven, Lineback, Montgom, 
ery, Newby, Newell, Nixon, Pitman, Poe- 
Powers, of Cumberland, Proctor, Smith, 
Speller, Stokes, Sutton, Temple, s itchell, 
Wilcox—35d. 

Upon motion, the vote to table was re- 
considered and that motion laid upon the 
table. 

To amend section 3, chapter 84, laws of 
1879. Passed its third reading. 

For the protection of sheep and other do- 
mestic animals in Yancey county. Passed 
its third reading, 












































To exempt magistrates in the town of 
_ Edenton from the duties of supervisors of 
roads. Indefinitely postponed. 

To prohibit the shooting of wild fowl on 
he coast of North Carolina on Sunday. 
Withdrawn for further modification. 

_ To prevent fraud in weighing cotton. Mr. 
McCotter spoke at length in favor of the 
passage of the bill. 

_ Mr. Holt did not think that the bill would 
_ supply a remedy for the alleged evil. 

; Mr. Green, of Franklin, did not think this 
bill ought to pass. 
\ referred. 

On motion of Mr. Williams, of Granville, 
he rules were suspended and the bill au- 
horizing the commissioners of Granville 
} oy to fund its debt, passed its second 
eading. 
On eatin of Mr. Holt the rules were 
uspended, and the bill incorporating the 
Brown “ountain Mining and Manufactur- 
_ ing Company passed its third reading. 
i SPEOIAL ORDER. 
_ The hour for the special order having ar- 
rived, the special order for this hour was 
_ taken up and informally passed over. 
f OALENDAR. (resumed. ) 
_ To work the public roads by taxation, 
tabled by the same vote as the previous bill 
' on this subject. Ayes 75; nays 34. 
The vote to table was reconsidered and 
_ that motion tabled. 
To relieve Carteret county from the pro- 
' visions of sections 6 and 7 of ch. 118 of 


On motion the bill was 


' Yo compel the ‘ arolina Central Railroad 
to keep lights on their bridge overthe ape 

_ Fear river above Wilmington. The substi- 

tute of the committee was adopted and the 

bill as amended by the substitute passed 

its third reading: 

Relative to the stock law. Tabled. 

To prevent the erection of artificial islands 

in ee navigable waters of this State. Re- 

red. 

Concerning the Supreme Court Reporter. 

_ Passed its third reading. 

To ascertain the dividing line between 

_ Carteret and Craven counties. Passed its 
_ third reading. 

_ teret county to pay certain school orders. 

_ Passed its third reading. 

To prevent the stationing of portable 
team engines near the public highway was 
eferred, after being discussed by Messrs. 
Stringfield, MceCotter, Bassett, Harris, of 
Wake, Robbins and others. 

‘To require fishermen to remove their 

_ net stakes, passed its third reading. 

To repeal the act making the Tuckasee- 

gee river a lawful fence, passed its third 

reading. | ; 

_ Yo amend chapter 34, laws of 1880, passed 

its third reading. y 

oluti 
f 


Lye PUP mies 
ray // ty 7 





At its Requ’ar Session, 1883 


_ To authorize the commissioners of Car- | 





i 


29 


pay Alonzo Huntly $200 for the arrest of 
Joe Ross, passed its third reading. 

To amend sec. 1, chapter 308, laws of 
1881. Tabled. ; 

To amend chapter 173, laws of 1881, rela- 
ting to turnpike companies. Tabled. 

To extend the time of getting out grants 
for land, passed its third reading. 

To amend chapter 638, section 63, of Bat- 
tle’s Revisal. After being amended by the 
substitute of the committee, passed its 
third reading. 

To ascertain the dividing line between 
Harnett and Johnston counties, passed its 
third reading. 

To make justices of the peace inelligibie 
to the office of county commissioner. In- 
formally passed over. 

To amend chapter 141, laws 1876-77. Re- 
ferred. 

Resolution asking Congress to change the 
election law. On motion it was made the 
special order for to-morrow at 11 o’clock. 

Leave of absence was granted to Messrs. 
Stokes, Poe, Hayes of Robeson, and Stand- 
ford. 

MESSAGES. 

A message was received from the Senate 
informing the House that the Senate had 
passed the following bills and resolutions : 

To amend chapter 62, laws of 1873-74, 
prohibiting the sale of cotton during cer- 


| tain hours. 


To amend chapter 31, laws of 1873-74. 

To provide for the registration of bonds, 
ete. 

Resolution asking Congress for an appro- 
priation to make navigable certain rivers. 

To amend chapter 234, laws of 1881. 

To amend chapter 3, laws of 1876-77. 

A resolution fixing the hour of adjourn- 
ment at 2 o’clock p. m., unless the business 
was sooner disposed of, was introduced by 


| Mr. Glenn, put on its passage and adopted. 


On motion of Mr. Bailey, of Mecklen- 
burg, the vote by which the resolution 
passed was reconsidered, and that motion 
laid upon the table. 

The House, on motion, adjourned. 


SENATE. 
TENTH DAY. 
Sarurpay, January 13, 1883. 


President Robinson called the Senate to 
order at 11 o’clock. 

Prayer was offered by Rev. Dr Marshall, 
Rector of Christ church, Episcopal. 

PELITIONS. 

Mr. Linney, petition of citizens of Alex- 
ander county to change the minimum price 
for keeping prisoners in jail, asking a higher 
price than twenty-five cents. 

REPORTS OF COMMITTEES. 

Reports from the following committees 
were read : 

BHinance, by ¥r. Linney. 





Sie 
ay 










Propositions and Grievances, by Messrs. 

3attle and Womack. 

Internal Improvement, by Mr. Pool. 

Salaries and Fees, by Messrs. Black, 
_ Berry, Woodhouse and Gray. 

ui g Engrossed Bills, by Mr. King, of Chero- 
kee. 

__—__-BILLL AND RESOLUTIONS INTRODUCED. 

_ Mr. Dortch, a bill to incorporate the in- 
- sane a het of North Carolina. 

Mr, Pemberton, bill to require the Attor- 

ney General of the State to appear for and 

defend citizens of this State who are in- 

dicted in the United States Courts for vio- 

lations of election laws when solicited so to 

0 by such citizens. 

Mr. Clark, bill to protect fish in in the 
Neuse and Trent Rivers. Referred to com- 

mittee on fish interest. 

Mr. Hampton, bill to amend chapter 200, 

laws of 1881, in regard to the public school 

' law. Referred to the committee on educa- 

_ on. 

Mr. Webh, bill to amend section 3, chap- 

_ ter 216, laws of 1876-77, in regard to judi- 

cial sales. 

_ Mr. Watson, bill te authorize the sale of 

‘the State’s stock in the Cape Fear and Yad- 

kin Valley Railroad. Referred to the com- 

mittee on internal improvements. 

_ Mr. { ostner, bill to amend chapter 300, 
aws of 1881. . 

' Mr. Webb, bill to authorize B. F. Logan, 

ex-sheriff of Cleaveland county to collect 

ears or taxes.) 

Mr. ‘lack, bill to allow solicitors of 

superior courts half fees in cases where a 

nolle prosequi is entered. Referred to com- 

mittee on salaries and fees. 

_ Mr. Clark, bill to fix the time of punish- 







“ad 


neases of larceny. Referred to judiciary. 
Mr. Scott, of Rockingham, resolution 
ggesting the propriety of taking the dis- 
retion of granting license for thefsale of 
iquor from the county commissioners. 
Mr. Watson, bill to better protect 
undlords. Referred to judiciary com- 
ittee. 
Mr. Womack, bill to designate a place 
or canvassing the vote for Senator in the 
lwenty-second Senatorial district. Referred 
committee on privileges and elections. 
ae MESSAGES. 
message was received from the House 
announcing the passage of the following 
bills and asking the Senate to concur in the 
ame: 
Bill to amend chapter 63, section 68, of 
- Battle's revisal. 
Bill to ascertain and establish the divid- 
line between the counties of Carteret 
d Craven. 
ill concerning the reporter of the Su- 
eme Court. 
Bill to authorize the treasurer of Carteret 
ity to pay certain school orders. 


ava 


ce ted wee iy 
Pe, Oe met Cy Pek Pe Re ree to 


Proccedings of the General Assembly of No 7 b 





nt, according to value of property stolen, . 










ty 


a, 


Bill to repeal an act m 
River, in Jackson con LV 
Bill to repeal chapter 14’ 
and to regulate pilotage. ’ 
Bill to require fishermen to 
remove their net stakes. 
3ill for the protection of sheep a1 
domestic animals in Yancey county, — 
till to amend section 3, chapter 84, 
of 1879. , aa 
Pill to incorporate Newton cotton mills, 
in Catawba county. SoA et m 
Bill to ascertain and establish the di- — 
viding line between Johnston and Harnett — 
counties. Ay oY 
Resolution authorizing the Governor to — 
Alonzo Huntley $200, offered for the arrest. f 
of Joe Ross. Ney 
A message was also received announcing vi 
the appointment of certain members to con- _ 
stitute the House branch of joint commit- — 
tees, as follows : vs 
Enrolled bills, Vessrs. Thompson, Beall, — 
Riggs, Bailey, of Wilson, and bullock. — 
ailroad Commission, slessrs. Tate, 
Williams, of Granville; Turner, Simmons, 
Harris, of Davidson; + rouse, Page and ~ 
Bryan. . ' ; 





































































J 
Vy 
: 
‘ 


Ms 
CALENDAR. 


Fill to amend section 1, chapter 234 of 
the laws of 1881. Passed several readings — 
and was ordered enrolled. pias th 

Resolution concerning the pay of em- — 
ployees of the General Assembly. Passed — 
and ordered enrolled. ein 4 

Bill to extend the time forthe redemption 
of lands sold for taxes. yh Ni 

Bill.to amend. chapter 116, laws of 1881. 
Passed and ordered engrossed. cle 

Bill to repeal section 1, chapter 147, laws 
of 1881. Upon motion of Mr. Caho was — 
tabled. i pit 

Bill to incorporate the Loftin Silver Lead _ 
Mining Company passed its second read- — 
ing. R 

Sin to incorporate the Bright-Light Gold 
Mining Company passed its second read- — 
ing. q 
Bill to amend section 8, chapter 7, of — 
Battle’s, Revisal, was recommitted to the 
judiciary committee. tera 

Bill to repeal the local prohibitory laws of _ 
the town of Hendersonville, in Henderson 
county, passed and ordered to be engrossed. 

Bill making dogs the subject of larceny, 
after being discussed by Messrs. Ebbs, the — 
introducer, Clark, Morehead, Watson, — 
Pemberton, Scott of Rockingham, and 
Womack, was recommitted to the judiciary _ 
committee. wae ; wa 

Leave of absence was granted Mess 
Bolter, Strayhorn, Womack and Boykin. 

Upon motion of Mr. Pemberton 
Senate adjourned until Monday, 
o'clock. " 










y 
at 1 


me 















HOUSE OF REPRESENTATIVES. 
___ The House was called to order by Speaker 
'. Rose at 10 o’clock. - , 
Prayer by Rev. Dr. M. M. Marshall, rec- 
- tor of Christ Church. : 
Reading of the journal of yesterday was 

_ dispensed with, and it stood approved. 
REPORTS OF COMMITTEES. 
_. Judiciary—Reports were made by Messrs. 
Bailey of Mecklenburg, Forbis, Bullock, 
Simmons, McLoud, Overman, Philips, 
Strudwick and Green of Franklin. 
Propositions and Grievances—Messrs. 
_ Anderson, Riggs, Baum, Posey and Bailey 
of Wilson. 

Corporations—Wr. Hardy made the re- 
port from this committee. 

_ Engrossed Bills—Report by Mr. Gatling. 
Roads, Railroads, Postroads and Turn- 

pikes—Mr. Ray made the report for this 
- committee. 
. RESOLUTIONS. 


Mr. Williams of Columbus, resolution to 
exempt $50 worth of farming and mechan- 
ical tools from taxation. 


BILLS. 


The following bills were introduced and 
_ -passed their first reading and were appro- 
:  priately referred : 
By vr. Belcher, to amend the landlord 

and tenant act. 

By wr. Reid, of Person, to better regu- 
late the sale of intoxicating liquors. 

By Mr. Riggs, to extend the time for pay- 
ing taxes in the county of Dare. 

By Mr. Ray, to incorporate the Highland 
Railroad Company. 

By Mr. Bridges, to pay school committees 
for taking school census. . 
A By tr. Bailey, of “ecklenburg, to ex- 
_empt certaif subjects and occupations from 
_ taxation. Bill touching the powers of ex- 
a ecutors and administrators. 
4 By * r. Wilcox, a bill relative to the elec- 
_ tion of county officers by the people. 
COMMITTEES. 


The Chair announced the following com- 
mittees: 
Redistricting the State—Messrs. Worth- 
_ ington, Leazer, Bunn, Williamson, Railey 
_ of Mecklenburg, Sherrill, Cowell , Wood, 
Walker, McCurry, Dixon, Wilcox, Temple 
_ Robins and Thompson. 
__ Railroad Commission—Megsrs. Tate, 
Williams of Granville, Turner, Simmons, 
azris of Davidson, Crouse, Page and 
Bryan. 
Counties, Cities, Towns and Townships 
Messrs. Forbis, Williamson, » cCurry, 
Patrick, Turner, Tomlins, Vatheson, Reid 
of Gaston, Walker, Person, Powers of 
d,Cheek, Jenkins, Candler, Cain 


if 
iY 


a 
Wy 




















Bills—“essrs. Thompson, Beal, 


of Wilson and Bullock. 








CALENDAR. 

The following bills and resolutions were 
taken up and disposed of as follows: 

Resolution instructing our members in 
Congress to have an act passed distributing 
the surplus funds in the United States 
treasury among the States for educational 
purposes. 

Mr. Powers, of Cumberland, called for 
the yeas and nays and the call was sus- 
tained. 

Mr. Bailey, of Mecklenburg, said that no 
one would go further than himself in any 
proper effort to increase our school fund, 
but the resolution proposed that our Rep- 
resentatives should violate their duty and 
oath to support the constitution of the 
United States, as Congress has no more 
power to distribute national funds to our 
State public charities than to private chari- 
ties. 

Mr. Powers, of Cumberland, was in fayor 
of the resolution, and preferred to let con- 
gress pass upon the constitutionality of ap- 
propriating these funds for educational] pur- 

oses. 

Mr. Bledsoe was in favor of the resolu- 
tion, and stated that there was a precedent 
for it under the Jackson administration. 

Mr. McLoud said that if it was unconsti- 
tutional, it would not be the first time that 
congress had acted unconstitutionally, and 
he was in favor of encouraging such uncon- 
stitutional action on their part, if it was un- 
constitutional. 

Mr. Green, of New Hanover, was in favor 
of the resolution, but thought it ought to be 
amended. 

M. Robbins moved to refer t@ the ju- 
diciary committee, which failed to prevail. 

Mr. Bower said he should vote against the 
resolution because there had already been 
passed a resolution asking that the internal 
revenue system be abolished, and to ask for 
the money received from that source looked 
like inconsistency. And that he believed 
the resolution was clearly unconstitutional. 

Mr. Overman said the resolution only re- 
ferred to the surplus already in thé treas- 
ury. 

Mr. Lenoir was opposed to the resolution 
because it tended to the centralization of 
power and to put the public schools under 
the protection of the Federal g overnment. 

Mr. Sutton said that what the people 
wanted was money for education, and he 
did not care from what source if came. 


Mr. Strudwick moved to amend so that 
nothing in the resolution should be con-— 
strued to favor the retention of the internal — 


revenue and tariff, which was accepted. 
Mr. Green, of Franklin, said that this was 


31. 


a serious question, and ought fo be consid- — 


ered carefully; that the excess of money in 
the treasury over and above the amount 


necessary to run the government came | 


there by robbery from the people, and that 


ale », 









































me disposition ought to be made of it. 
He moved to refer, but afterwards with- 
drew his motion. 
r. fsunn moved to amend by adding, 
“To be paid to the States, and by them dis- 
tributed,” which was accepted. 
ur Bailey, of Meckleaburg, offered the 
following preamble as an amendment : 
_ “Whereas, the surplus in the treasury 
has been wrung from our people by op- 
pression and wrong,” 
- Mr. Poe could not support the resolution 
with any such amendment as that, because 
it was not becoming to say where the money 
came from in this resolution and hoped the 
amendment would be withdrawn. 
Mr. | ryan moved to amend Mr. Pailey’s 
endment by adding ‘*by the Democratic 
rty by the act of secession and rebellion.” 
- Messrs. ¥cLoudand Green, of New Han- 
over, both hoped that both of the amend- 
ments would be withdrawn. 
_ Wr. Wilcox stated that he introduced the 
pill without any partisan spirit, and he was 
orry to see that a party spirit was being 
-exhibited,and he hoped the gentlemen would 
both withdraw these amendments. 
_ Mr. Bryan said that he had no feeling in 
matter, and that he introduced the 
1endment merely fo give his expression 
‘the country as to how the internal rev- 
ue came to be in existence, and to finish 
amendment of “r. Bryan, when it did 
t go far enough. 
_ Mr. Bryan’s amendment was lost. 

_ ¥r. Bailey withdrew his amendment, (for 
the purpose of having the whole matter re- 
‘committed, but the House refused to re- 
commit.) » 

_ Mr. Harris, of Wake, said he had read the 
resolution, and did not see why every one 
ould not vote for it, as it was what both 
des had pledged themselves to do. 

Mr. Wilcox moved the previous question 
hich chit off all debate. 

Upon a yote being had the resolution pass- 
d its second reading by,a vote of 98 to 8, 
ssrs. Hailey, of : ccklenburg, Barrett, 
wer, ‘rown, Lenoir, » arsh, Tomlins, 
Williams, of Sampson, voting in the 


following gentlemen explained their 

s, Messrs. Bailey, of » ecklenburg, Bar- 

need Lenoir. 

‘And the following were absent or not 

voting: * essrs. Cowell, Dixon, Fulton, 

ison, Hayes of Robeson, Holton, Page, 

ebles, Sandifer, Speller, Stanford, Stokes, 
Wood. 

if" PROTEST. 

e following protest was entered by *r. 

“y, of Meck enburg : 

espectfully enter my protest against the 

lution just passed, on’ the ground only 

contemplates an act of Congress in 

on of the constitution of the United 

ie W. H. Barrey. . 


Vay 
are he 


the General Assemi 


| and passed its third reading. _ 
















suspended and the act ‘to : 
Highland Railroad Company 


On motion of Mr. Bailey, of Wilson, the 
same course was taken an act for t) 
relief of the sureties on the bond of K. 
Winstead, late sheriff of Wilson coun 
passed its third reading. ’ a ie 

An act to authorize the commissioners aa 
Granville county to levy a special tax. 
Passed its third reading. ae 





nt 
i hy a 

On motion of Mr. Holt, the act repealing ie r 
the act incorporating the townjof Mebane- 
ville passed its several readings under a 
suspension of the rules. rn) aed 

An act to amend section 1, chapter 115, — 
laws 1881. Tabled. pire spe 
To amend section 1, chapter 288,laws 
1881. Recommitted. PIED 

SPECIAL ORDER. at, 

The special order for this hour (12 
o’clock) was, on motion, passed over in- _ 
formally; ae 

OALENDAR (resumed). ot 
To amend chapter 200, section 41, laws | 
1881. Passed its third reading. 

Substitute for an act to abolish the office 
of county treasurer. Passed third reading. 

To provide for the time of the removal of 
a cause before a justice of the peace, Passed 
third reading. . 

Relative to the removal of causes in — 
court. Passed third reading. 

To amend chapter 1738, laws of 1881. 
Passed third reading. \ 

To protect fish in Lumber River. Recom- 
mitted. ewe 

To prevent the obstructing of highways. 
Tabled. e 

To amend the salary and fee bill. Passed 
third reading. 9 

Toamend sections 38-39, chapter 104, of 
Battle’s Revisal. Tabled. [x 

Requiring county commissioners to hold 
public meetings. Tabled. b 

Relating to fees on chattel mortgages. — 
Tabled. } , 

To pay registrars and judges of election. 
Passed third reading. 

To establish the dividing line between the __ 
counties--of Northampton and Warren ~ 
Passed third reading. F, 

To grant amnesty and pardon to certain _ 
persons selling liquor without license. On 
motion, made the special order for next 
Wednesday at 11 o’clocka.m. ye 

MESSAGE. BR) 

A message was received from the Gover- _ 
nor submitting the report of the directors of 
Western North Carolina Insane Asylum. 

LEAVE OF ABSENCE. 

Leave was asked for — 
¥essrs. Liles, Holton, 
Powers, of Cumberland, 
until next Tuesday. — 

The House adjourned 


ter 


rv 


a 


Sy 4 at 













WY 


ya 


te Dre 




















































SENATE. 


ELEVENTH DAY. 


Monpay, January 15, 1883. 

The Senate was called to order at 11 
’clock, President Robinson in the chair. 

PETITIONS. 

Mr. Alexander, petition from certain citi- 
ens of Berryhill township, in Mecklenburg 
‘ounty, asking for a prohibitory liquor law. 

Reports from standing committees were 
ubmitted by Messrs. Webb, Pemberton, 
Loftin and Pinnix from the judiciary com- 
mittee, Mr. Strayhorn from committee on 
sorporations. 

BILLS INTRODUCED. 

Mr. Alexander, bill for levying, equalizing 
and collecting of taxes. Referred to judi- 
ciary committee and ordered to be printed. 
eM. Jones, bill to change the time of 
holding courts in the ninth judicial dis- 
rict. Judiciary committee. 

‘Mx. King, bill to allow the commissioners 
of Cherokee to levy special tax and to issue 
bonds. 

Mz. Ebbs, bill to protect sheep. Calendar. 
; OALENDAR. 

Bill to give officers whole fees in State 
Cases, to be paid by counties. Put to the 
end of the calendar, Mr. Scott, of New 
Hanover, its introducer, not being in his 
seat. . 

'  Billin relation to tax collectors. 
’ special order for Wednesday, 12 m. 
Bill to protect marble workers and 
' stone cutters. Referred to the judiciary 
- comunittee. 

_ Bill to incorporate the Centurion Benevo- 
lent Society, passed its several readings. 
Blil to authorize magistrates to hold in- 
quests in Gertain cases. Recommitted to 
the judiciary committee. ‘ 

Bill to allow the President of the Senate 
and Speaker of the House of Representa- 
tives to administer oaths to their officers. 

Bill to prevent the false listing of ‘taxes. 
Referred to the committee on finance. 

House resolutions in regard to instruct- 
ing our Senators and pee our Repre- 
sentatives in Congress to repeal the internal 
evenue laws. On motion to postpone Mr. 
imney said : } j 
Y am for the passage of these resolu- 
tions without further delay. I notice that 
it is claimed by a newspaper, the ‘‘Mor- 
ning Star,” that a great scientist in political 
- economy, David A. Wells, ‘says that the 
internal revenue laws should not be re- 
pealed,’ and that it is claimed at the capi- 
tol that not more than two of the Southern 
States favor the repeal of these laws. Asa 
_ North Carolinian, [ am exceedingly anxious 
_ that the position of North Carolina shall at 
once be known through these resolutions 
which speak ih no uncertain sound. I ask the 
indulgence of the Senate for a few mo- 
ents upon the merits of these resclutio gs 


Made 


_ At its Regular Session, 1883 





33 


They look to the complete drying up of the 
entire system. They further send out the 
only true Democratic ring upon the tariff 
question, and present the idea not hitherto 
presented in any set of resolutions, which I 
especially approve, to-wit, that if we can- 
not get both tariff reform and the aboli- 
tion of internal revenue, give us the 
abolition of internal revenue. The first 
internal revenue system known in the 
United States was what is known as that 
introduced by Mr. Hamilton in 1792. It 
lasted eleven years and created a rebel- 
lion which cost about $1,500,000 to sup- 
press. Its overthrow contributed more to 
liberty in the republic than any event of 
the republic’s history. President Jeffer- 
son’s inaugural was generally received as a 
statement of perfect theories and princi- 
ples of government, and it became at once, 
and remains to this day, a very scripture of 
Democratic faith. The richest gem of 
thought in that inaugural is his assault upon 
the internal revenue system. He said: The 
present population, combined with other 
circumstances, justifies the repeal of all in- 
ternal revenue taxés. War, indeed, and 
untoward events may change the prospect 
of things and call for expenses which the 
imports cannot meet,, but sound princi- 
ples will not justify our taxing the in- 
dustry of our fellow-citizens to accu- 
mulate treasure for wars to happen, we 
know not when, and which might 
not happen, but from the temptations of- 
fered by the treasure. This system was 
then overthrown and Jefferson is the only 
apostle of liberty, recognized as such in the 
history of the republic. 

‘A prolific source of mischief is found in 
the tendencies of the system to corrupt our 
yonng men, It sows its seeds in youthful 
minds just af a season when judgment has 


not been ripened of experience or imagina- 


tion corrected wisdom. 


“Judge Avery’s testimony before the 
Vance investigation committee recognizes 
this fact. I rely very greatly upon the 
testimony of a judge. he constant prose- 
cution of legal enquiries elevates them, and 
makes them ,all light and no heat. ‘The 
recognition of this fact by an eminent judge 
of the State in whom our people have un- 
limited confidence alone makes it of peeuliar 
importance and senators should well con- 
sider it. .Old Patrick Henry said that it is 
the duty of Christians to forgive, and 
spoke eloquently of the system of religion 
which teaches forbearance, but when you 
add§ to Christianity patriotism you can 
not forgive. Forgive wrongs as individuals, 
but vengeance only remains for injuries to 
one’s country. Yet more young men 
change opinions now on politics than in any 
previous period of the Republic’s history. 
The system, we maintain, corrupts them. 
Let us have our senators and representa- 





3 


aT ee 


d 
, 


34 


tives in Congress to arm_ themselves 
against this kind of*moral palsy.” 

Mr. Pemberton said that these resolutions 
demanded the prompt consideration of the 
Senate ; that in his district the subject was 
the keynote of the campaign; that his peo- 
ple wanted to get rid of the revenue officials 
who got more pay per annum, many of 
them, than they collected taxes ; that in the 
a, of our great ‘‘Prince of Peace” a 

ittle tax-collector, a publican, was found in 
a sycamore tree and judged to be a just, 
righteous man, but now the people say that 
we have no Zaccheus among these AHepub- 
licans. The people wanted the internal 
revenue laws repealed, and that political 


' party in this nation which does it will hold 


the purse-strings of this government for a 
long time after 1884. The resolutions were 
only a repetition of the.prayers of the tax- 
burdened people, and let them be uttered 
here. 

Mr. Payne said it was not his purpose to 
antagonize the resolutions of instructions, 
but he favored a preamble of the same 
character as that embraced in his Senate 
resolution now pending in the House. That 
he wanted to arraign the Republican party 
for its record of oppression and fraud upon 
the rights of the people of this State in the 
matter of internal revénue. 

Mr. Scott, of Rockingham, then offered a 
preamble—being the same as the preamble 
of the resolutions on this subject that passed 
the Senate on a former. day—which was 
adopted. 

Mr. Purnell offered a substitute which 
was rejected. 

Mr. Ramsay offered an amendment in the 
nature of a substitute that was ruled out of 
order. 

There was much discussion, participated 
in by Messfs. Morehead, Watson, Scott, of 
Rockingham, Loftin, Purnell, Ramsay and 
others. 

Mr. Loftin said that he favored the repeal 
of the internal revenue law, and would vote 
for the resolutions but not for the preamble. 

The resolutions were then adopted, ayes 
30, nas 9, Mr. Cozart, Republican, voting 
with the Democrats. 

Kill to amend law in regard to fees of regis- 
ter of deeds, tabled. 

Bill to confirm donation of land made by 
town of Edenton to Norfolk and Elizabeth 
City railroad Co., passed’ 

Bill to incorporate the town of German- 
ton, passed its second reading. 

Bill in relation to pilotage, passed. 

Bili to amend the charter of the town of 
Lexington, passed. 

Resolution suggesting to the finance com- 
mittee, tabled. 

Bill to repeal law making Tuckasegee 
river a lawful fence, passed. 

(Mr. Black stated to the Senate that Sena- 
tor Morrison, of Harnett, was detained at 


Proceedings of the General Assembly of North Carolina, 


ape VT ee are 


: oN oo 


home by sickness in his family; having lost 
five of his children since the assembling of 
the Legislature, from diphtheria. 
On motion of Wr. Payne, the Senate ad- 
journed. a 


HOUSE OF REPRESENTATIVES. 


Yonpay, January 15, 1888. 

The Ifouse was called to order at 10 
pie. Vr. Bailey, of Mecklenburg, in the 
chair, 

The journal of Saturday was read and ap- 
proved. 

REPORTS OF COMMITTEES. 
Internal Improvements—Reports by Yessrs. 
King and Williams, of Granville. 

Corporations—Report by Mr. Williams, of 
Granville. 

Engrossed Fills—Report by Mr. Gatling. 
: BILLS. 

The following bills were introduced, 
passed their first reading and were appro- 
priately referred : | 

Mr. Sherrill, to prohibit the sale of intox- 
icating liquors within one and a half miles 
of Maiden cotton mills. 

Mr. Bailey, of Mecklenburg, to incorpor- 
ate the town of Fayetteville. To amend 
chapter 26, section 48, Battle’s Revisal. 

Mr. Steed, to authorize county finance 
committees to administer oaths. 

Mr. Gudger, to amend an act making the 
killing of live stock by railroads indictable. 

vir. Strudwick, to define the duties of as- 
signees for the benefit of creditors. 

vir. Person, to repeal an act incorporating 
the cotton and merchants’ exchange of 
Goldsboro, N. C. 

Mr. Poe, to amend section 1, chapter 18, 
laws of 1880. 

Mr. Philips, to increase the fees of jus- 
tices of the peace. 

Dr. T. T.. Sandifer, of Mecklenburg 
county, came forward, presented his cre- 
dientials and qualified and was admitted to 
a seat on the floor of the House. 


° SPEAKER PRO TEM. 


Mr. Pailey, of Meclenburg, moved to go 
into the election of speaker pro tem, which 
was carried. 

Mr. Bailey, of Mecklenburg, placed in 
nomination the name of Mr. D. Worth- 
ington. 

Ona ballot being had the vote was as 
follows: Worthington, 87; Holt, 4; Bailey, 
of Mecklenburg, 1; Wilcox, 2, and Gat- 
ling, 1. 

On motion of Mr. Williamson the election 
of Mr. Worthington was made unanimous. 

Leave of absence was asked for and 
granted to Messrs. Tate, Beale and Glenn, 
the two last on account of sickness. 

Mr. McAllister introduced by consent the 
following bill: An act to incorporate the 
Odell Manufacturing Company. oe 

On motion of Mr. McAllister the rules — 


were suspended and the rule incorporating — 


Viade 











the @dell Manufacturing Company passed 
its several readings. 
OALENDAR. 

The following bills were taken up and 
disposed of as follows: 

To repeal the act incorporating the War- 
saw High School. Passed its third reading. 

Relative to the catching of fish in the wa- 
ters of Lumber River. Passed third read- 


ing. 
‘To prevent the felling of timber in Spring 


Creek. Passed its third reading. 


To protect fish in the waters of Hender- 
son county. Passed its third reading. 

To repeal the act prohibiting the carrying 
of concealed weapons. Tabled. 

An act relative to official advertising. Re- 
committed. 

To prevent the erection of artificial islands 
in the navigable waters of the State. In- 
formally passed over. 

To require plaintiffs to give bond to secure 
their own costs. Tabled. 

To amend chapter 148 laws of 1879. Ta- 
bled. 

To amend section 1, chapter 396, laws of 
1879. Tabled. 

Concerning the service of a summons, 
passed its third reading. 

To authorize county commissioners to 
pay clerks and judges of election. In- 
formally passed over. 

For the protection of artisans and factory 
operatives. Tabled. 

Relating to fishing in Pamlico and Tar 
rivers, passed its third reading. 

To authorize Pasquotank county to levy 
a special tax, passed its second reading. 

To change the fiscal year of the State 
government, passed its third reading. 

On motion of Mr. Barrett, the vote by 
which the bill relative to fishing in Pamlico 
and Tar rivers passed its third reading, was 
reconsidered and the bill placed upon the 
calendar. y 

Bill relating to fast riding or driving over 
Washington, Aurora and Leachville bridges, 
passed its third reading. 

To authorize Judges going out of office 
to perform certain functions, passed third 
reading. 

To make the top of the Blue Ridge moun- 
tains the dividing line between the counties 
of Alleghany and Wilkes. Passed its third 
reading. 

For the relief of Samuel Hartley. Passed 
its third reading. 

REPORTS OF COMMISSIONS. 

A report was received from the commis- 
sion to examine the ac:ounss of the State 
Treasurer. On motion of Mr. Page, it was 
ordered to be printed. 

OALENDAR (resumed. ) 

Senate resolution of instruction to our 
members of ‘ ongress relative to the internal 
revenue and the tariff. 





At its Regular Session, 1883. 35 


° 


Mr. Bailey, of Mecklenburg, moved that 
it be made the special order for to-morro 
at 12 o’clock. 

Mr. Harris, of Wake, said that a half a 
day was consumed in the consideration of 
a resolution of a similar nature, and that he 
did not see the use in making this one a 
special order and consuming another half.a 
day on the same subject. 

Mr. Bailey withdrew his motion to make 
it a special order, and moved to informally 
pass over the resolution, which was adopted. 

On motion of Mr. Bailey, of Mecklen- 
burg, the rules were suspended and the fol- 
lowing bills were taken up and disposed of 
as follows : 

To incorporate the Charlotte Street Rail- 
way Company. Passedits several readings. 

To incorporate the Virginia and Carolina 
and Palmetto railroad. 

On motion of Mr. Powers the bill was 
passed over informally with an order to 
print. ; 

Leave of absense was asked for and grant- 
ed to Mr. Thompson. 

The House on motion adjourned. 


SENATE. 
TWELFTH DAY. 
Turspay, January 16. 

The Senate was called to order at 11 
o’clock, President Robinson in the chair. 

Prayer by Rey. E. A. Yates, of the Meth- 
odist church. 

The journal was read and approved. 

Mr. Black announced that Senator Morri- 
son was present. He was sworn in by Mr. 
J. A. Temple, Esq., member of the House 
from Wake, and was conducted to a seat. 

PETITIONS. 

Mr. Morehead presented a petition from 
the tobacco manufacturers and other citi- 
zens of High Point, asking a repeal of the 
tax of $100 now imposed upon the manu- 
facturers of tobacco in this State. Referred 
to the committee on finance. 

mr. Goodwyn, a petition from citizens of 
Weldon asking a repeal of the cotton 
weighers’ law. Referred to the committee 
on propositions and grievances. 

Mr. McLean, a petition from citizens of 
the town of Shoe Heel in regard to their 
town. Referred to the committee on prop- 
ositions and grievances. 

MESSAGES, 

A message was received frem the House 
announcing that the House would at 12 
o’clock proceed to the election of United 
States Senator. A like message was also 
sent to the House announcing the intention 
of the Senate to go into an election of Sena- 
tor at the same hoyr. ; 

BILLS AND RESOLUTIONS. 
Mr. Ebbs introduced a bill in regard to 
killing cattle by railroads. 
















Wr. Jones, bill to amend section 13, chap- 
‘ter 90, Battte’s Revisal. Referred to the 
diciary committee. 
Mr. Pinnix, bill in favor of the soldiers of 
North Carolina who lost limbs and eyes in 
the Confederate service. 
_ Mr. Goodwyn, bill to change the time of 
holding Superior Courts in Halifax county. 
_ Mr. McLean, bill to establish a graded 
school in the town of Lumberton, Robeson 
county. 
_ Mr. Berry, a bill to regulate the hiring 
out ofconvicts. Referred to the committee 
- on penal institutions. 
_ Mr. Scott, of Rockingham, a bill to cre- 
ate a sinking fund for the county of New 
_ Hanover. 
__ By the same, a bill for the protection of 
honest labor. Referred to the committee 
- on propositions and grievances. 
Mr. Dortch, a bill relating to the graded 
_ schools of Wayne county- Referred to the 
_ committee on education. 
_ Mr. Scott,’ of Rockingham, a bill in re- 
gard to the pay of school teachers. 
Mr. Watson, a bill for the protection of 
executors and administrators. Placed upon 
the calendar. 
_ By the same, a resolution in regard to 
equalizing and levying taxes. 
fs Mr. Loftin, a bill to repeal chapter 23, 
_ laws of 1881. Referred to the commitee on 
_ propositions and grievances. 
By the same, a bill to regulate the fees of 
sheriffs and others. 
_ Mr. Purnell, a bill to make the February 
aud August terms of Wake Superior Court 
_ exclusively for the trial of civil cases. 
The President announced that Messrs. 
_ Pool, Webb and Strahorn were appointed 
as Senate branch of joint committee on 
magistrates. Mr. Pool asked to be ex- 
_eused from serving on that committee and 
_ Mr. Whitford was appointed in his place. 
eee ELECTION OF SENATOR. — 
eg Pe President announced that the hour 
_ for the election of United States Senator 
_ had arrived, and ¢hat the Senator 
elected to-day would go into office on the 
_ fourth day of “arch, 1883, and his term of 
_ office would expire on the fourth day of 
- March, 1889. 
_ Messrs. Farmer and Purnell were ap- 
_ pointed tellers. 
_ My. Pinnix arose and said: 
_ Mr. Present: I arise to place in nomi- 
by nation for that high position, one of North 
 Carolina’s most gifted and illustrious sons— 
_ one whose name is a household word in 
_ eyery home in North Carolina, from the sea 
shore to the mountain-top—one -who, com- 




























On 


1 eM 


quence of a astelar, and@the courtly bear- 
ing of a Bayard, stands to-day in the front 
_ ranks of American statesmen, and wields 
an influence in the councils of the nation 
“ second to that of no other Senator. 


Proce dings of the General Assembly of North 





“pining the logic of a Calhoun with the elo- | 












\ 
A 





\ 
His ardent love for his nativ ul 
his great devotion to publie duty, comman 
the admiration of every true son and 
daughter of our beloved commonwealth. — 
He possesses in an unusual degree the 
qualities of the polished gentleman, the 
brilliant orator, the brave soldier and the 
profound, sagacious statesman. * 

In many respects he is to North Carolina — 
what Gambetta was to France. But while” 
France weeps to-day at the tomb of her 
dead hero, North Carolina rejoicesfat the el- 
evation of her favorite son. Hisfame and 
usefulness are not confined to the: limits of 
his State, but extend to the uttermost con- 
fines of this great country. : 

He has filled the position to which I this 
day nominate him, for nearly twelve years, 
with great distinction and satisfaction. He 
is.a fit and worthy successor of the peerless 
Mangum and of the immortal Badger. 

Mr. President: I nominate the gentle- 
man, the orator, the soldier, the statesman; — 
Matthew W. Ransom, of Northampton 
county. 

Mr. Purnell said: I rise for the purpose 
of placing in nomination for the position of 
United States Senator, Colonel .William 


* Johnson, of Mecklenburg county. He needs 


no eulogy atmy hands. He is known to all. 
Aman who has the courage of his own 
opinions. A higher compliment I could not: 
pay him or any other man. 

Mr. Payne said: It is with great pleasure 
that I rise to second the nomination of the 
Hon. M. W. Ransom for the position of 
United Senator from the State of North 
Carolina. Indeed, sir, I can say without: 
any evasion, that in performing this pleasing 
task, I am moved with feelings of genuine 
emotion. In what I shall say no disparage- | 
ment is intended towards anyone, for I un- 
dertake here to say that among those who 
have been mentioned in connection with 
this position, I recall the names of some of 
North Carolina’s truest and best sons—the 
names of men whose fidelity to trust have 
reflected lustre upon the State of their na- - 
tivity. I can well recall in the history 
of the South, a time which tried men’s. 
souls, a time when Southern patriotism and 
Southern chivalry attracted the admiration 
of the world. It was then that Ransom 
responded to the call of country, and by 
his conduct upon many a hard fought field | 
exemplified the grand idea that discharge 
of duty is the sublimest sentiment in the 
English language. And Senators, you will 
pardon me for digressing for a moment to. 
say that these words have passed into his- 
tory as the utterance of the grandest man 
of modern times—Robert Edmund Lee— 
who in taking leave of the ragged regiments 
that composed the remnant of the Army of 
Northern Virginia, said to that gallantband _ 
of heroes in his farewell address, ‘‘that duty _ 
was the sublimest word in the English — 

§ ae } aH es K wy eg 







* i 








At its 


, and that the South expected 
an to do his duty.” Noble 
timents of a noble man! It would be 
inting the lily, adding perfume to the 

ose, for me to attempt in this presence to 
‘speak of the lofty virtues of Robert E. Lee. 
, Sir, to have lived a life wholly devoted 
ify and died the death of an humble 
stian, if to have added to the most ele- 
civic victories, the most renowned 
itary achievements, if to have lived uni- 
ersally honored and died universally re- 

tted, if these constitute any claim to 
man greatness, then truly may we call 

Robert E. Lee great. And in the blaze of 
this century, and in this Senate chamber, 
may we not say of Lee as has been said of 
the illustrious Washington ‘‘that he too 
s first in war, first in peace and first in 
e hearts of his countrymen.” Ransom was 
afaithful soldier of the immortal Lee—ani- 
mated by such lofty sentiments, he has 
served his people as faithfully in times of 
peace ashe didin war. Wise and conserva- 
ve in all his views, in 1870 he was called 
to the Senate of the United States by the 
united voice of that party which I trust 
will some day soon become the dominant 
party of the United States. 
_ Inthe Senate he has stood as the break- 
water, so to speak, between fanaticism on 
he one hand and blind conservatism on the 
other. , 
Devoted to the best interests of the 
South and to the Democratic party, he has 
proven a statesman in whom the State and 
the entire country has reposed the utmost 
confidence. In 1873, (1 think it was) when 
he made his celebrated speech inthe Senate 
n behalf of the South, when he plead for 
peace and fraternity, and defended his na- 
tion’s land from insult and reproach, from 
_ Virginia to Texas, from State to State, the 
name of “att Ransom became a house- 
‘hold word. I am glad, sir, to have 
this opportunity to say that I feel proud 
‘that North Carolina has for her representa- 
tives in the Senate of the United States Z. 
B. Vanee and Matt W. Ransom; men who, 
Imevery age and every clime, will reflect 
1onor and renown upon this age of civili- 
gation. Six years more will Ransom serve 
»people of North Carolina, should his 
fe be so long spared to the country. I 
1% not that discharge of duty will be 
m, and lofty patriotism his guiding 
and when the sere and yellow leaf has 
Se oye oe years will be 
illumined the pleasing reflection that 
North Carolina has igor honk to him to 
Nigkoes Sa is justly due. 
_ The roll of Senators was called and the 
4 oted for Mr. Ransom: 

-Messrs. Alexander, Battle, 















































3oykin, Caho, Costner, 
. Evans, Farmer, 
: of Cherokee, 


eh ead, Mors}; : 


Regular Session, 1883 





Mee fee ea eS 


37 


son, Neill, Payne, Pemberton, Pinnix, 
Poole, Richardson, Scott of Rockingham, 
Toon, Watson, Webb, Whitford and 
W oodhouse—33. 

For Johnson—Messrs. Carter, ‘ larke, 
Cozart, Eaves, Goodwyn, Graham, Gray, 
Purnell, Ramsay, Scott of New Hanover, 
Speight and Strayhorn—12. 

Mr. Loftin stated that he did not vote 
because he was paired with Mr. Womack. 
He would have voted for Mr. Johnson, 
while Mr. Womack would have voted for 
Mr. Ransom. 

Messrs. King, of Pitt, and Lyon were 
absent, and Mr. Mebane did not vote. 

CALENDAR. 

Bills from the calendar were taken up 
and disposed of as follows, Mr. Pinnix in 
the Chair: 

Fill to amend the charter of the town of 
Lexington, passed its several readings and 
was ordered to be sent to the House without 
engrossment. 

ill to confirm the donation of land made 
by the town of Edenton to the Norfolk and 
Elizabeth City Railroad Company, passed 
its final reading and was ordered enrolled. 

Bill to incorporate the town of German- 
ton, Stokes county, passed and was ordered 
engrossed. 

till to protect sheep husbandry in the 
county of * adison, was indefinitely post- 
poned. 

Bill in regard to Cherokee lands passed 
its second reading. 

Bill to incorporate the Wilmington Coast 
Turnpike Company was put upon its second 
reading. 

Mr. Hill. I heard some mention in the 
reading of the bill of ‘* Whisky Creek.” I 
would like for the Senator from New Han- 
over to explain as to whether this turnpike 
is to go to the coast or to arrange amore 
accessible route for citizens of Wilmington 
to ** Whisky Creek.” 

Mr. Scott, of New Hanover—I am glad 
to see that atleast one Senator is taking an 
interest in this matter, and will state that 
while the turnpike is to run from Wilming- 
ton to Masonboro Sound, there is plenty of 
whisky in the vicinity to serve all practical 
purposes. 

The bill passed and was ordered en- 
grossed. 
~ The bill to prohibit county commissioners 
from placing the names of school commit- 
teemen in the jury box was taken up, and, 
on motion of Mr. Loftin, was tabled. 

The bill to restore to attorneys the fees as 
they existed prior to 1879, after being dis- 
cussed by Messrs. Strayhorn and Watson, 
passed and was ordered engrossed. 


ty request of Mr. Pemberton the rules 


were suspended and a bill to perfect the 
organization of the Odell » anufacturing 
Company of Concord, was taken up for 
consideration. 


¥ 


at Be is . 7 ear i 


en 


He explained that itex- — 
{areca the provisiors ef the charter so as — 


3 2h ee 


—_—— ' 


* lle Rea i A Sk li 











































llow the company to increase their 
tal stock, thus extending and increas- 
the manufacturing interests of our 

State—an industry that should be en- 
couraged in every possible way. The bill 
sed its final reading and was ordered en- 

‘rolled. 

_ Bill to prescribe the fees of clerks of the 
Superior Courts for probating and of Reg- 
isters’ of Deeds for recording chattel mort- 
gages, failed to pass onits second reading. 

‘billto more effectually punish the at- 
tempt of murder by poisoning was referred 
to the judiciary committee. 

Bill to protect sheep from the ravages of 
_ wolves in Madison county, passed and was 
ordered engrossed. 
fill to provide for witnesses before mag- 

istrates courts was informally passed over. 
- The President announced that the calen- 
dar was exhausted. 

. ¥r. Dortch moved that Senator Ramsay 
be added to the committce on Insane Asy- 
lums. fis motion prevailed. 
__ It was announced that the time of hold- 
iug the joint Democratic caucus was 
changed from Thursday night to Wednes- 
_ day night at 7:30. 
It was also announced that Dr. Curry, 
_ Superintendent of the Peabody fund, would 
address the members of the legislature at 
- Tucker Hall, Thursday night. 


5. 


absence on account of sickness in his fam- 
phils: 

Upon motion of Mr. Clarke the Senate 
_ adjourned to meet at 11 o’clock to-day. 


HOUSE OF REPRESENTATIVES. 
TurEspay, JANUARY 16, 1883. 





_ der by the speaker pro tem. 

__ Prayer by the Rev. Dr. E. A. Yates, of 
denton street Methodist church. 

Ny PETITIONS. 

By Mr. fain, petitions from the citizens 
_ of Davie county asking that the stock law 
be repealed, and for the repeal of a local 
- prohibition law. 

_ By Mr. Holt, petition from citizens of 
raham, N.: ., asking the repeal of the 
nerchants purchase tax. 
>) a REPORTS OF COMMITTEES: 

_ Judiciary—Reports by * essrs. Failey, of 
Mecklenburg, Robins, Holton, Phillips, 
_ Frazier, “cLoud, Slmmons and Peebles. 
Propositions and Grievances—Reports by 

ssrs. Pruitt, Brown, Eaton, Matheson, 

d bailey, of Wilson. 

Education—Report by Mr. Green, of Frank- 


alaries and Fees—Report by Mr. Bailey, 
£ Wilson. 
Enrolled Bills—Mr. Riggs made a report 


for the committee on enrolled bills. 
ngrossed | ills—Report by ¥r. Gatling. 


ts i) uo eh 
Chee, CeEeY ag i pa ha all ol NEE , 


At 10 o’clock the House was called to or- | 


Proce:dings of the General 


Mr. Pinnix was given indefinite leave of , 





















By Mr. Pailey, of Meckle 
tion to pay J. T. Morris for cl 
BILLS) owes 
The following bills were in 
passed their first reading and were 
priately referred : ; 
r. McCurry, to amend 
laws 1880. _ Selah i 
By “Vr. Dixon, to amend chapter 260, — 
laws 1876-77. vt gree 
By Mr. Person, to amend chapter 274, 
laws 1876-77. is ee 
By Mr. Hardy, to attach a portion of © 
Craven county to Carteret. 
By Mr. Williams, of Granville, to enable — 
the commissioners of Warren county to 
regulate the amount of sheriffs and treas- 
urers bonds. To protect game birds in Gran-— 
ville county. etraia fend 
By Mr. Hayes, of Robeson, to amend — 
chapter 234, laws 1881. Eine Ss 
By Mr. Temple, to amend the school law. — 
By Mr. Smith, to revise and consolidate 
the school law. : eee 
; ty Mr. Pittman, to amend the school — 
aw. Lo) ae 
By Mr. Bailey, of * ecklenburg, toamend — 
chapter 116, laws 1881. To make the kill- 
ing of live stock hy the cars and engines on _ 
railroads indictable. ; 
A Mr. Page, to amend chapter 150, laws 
ie le 
Mr. Rose arose to a question of personal — 
privilege and said : niehIPRR ETN | 
“T desire to do a thing this morning 





' which I very much dislike, and which I 


have never been called upon to doin any ~ 
General Assembly of which I have beena — 
member. I desire to rise to a question of 
personal privilege. I was necessarily ab- 
sent from the session of this House yester- 
day; was absent by permission of the — 
House, as was my Republican colleague, — 
»r. Powers. I see by the paper this morn-— 
ing that during that absence a bill was in- — 
troduced affecting my constituency, which — 
was never submitted to me and whichI ~ 
have never seen or heard of before, to-wit, — 
a bill to “‘incorporate the town of Fayette- 
ville.” ‘While this body has elevated me to 
the high and honorable position of Speaker — 
Ihave not forfeited my right to represent — 
the people of my county on the floor, — 
and I desire to say that the introduc- — 
tion of a bill in the absence of Cum- 
berland’s representatives appears, to say 
the least, to be an attempt to take snap — 
judgment on my people, though not in- — 
tended by ~*r. Bailey. I understand from 
the gentleman who introduced the bill that 
no reflection was intended, and [accept 
whai he says as the fact. The gentleman f 
also says that the person who asked 
troduction of the bill wrote him that bot! 
of the members from Cu d 


ae 














B eaat 













Ka 


not aware, for we have never seen it; but 
however that may be, I think we are en- 
titled to some recognition, and whether op- 
posed to it or not, either of us would have 
introduced it if the ‘‘promoter” had sent 
the same to us. If the gentlemen who are 
pushing this matter will curb their undue 
haste, they shall be fully and _ patiently 
heard and will have an opportunity ina 
very few days of having the matter fully 
investigated. 


_ [have said this much in justice to myself 
- and my constituency. 

Mr. Powers, of. Cumberland, arose to a 
question of personal privilege and said: 
Mr. Spraxer—I was astounded to find 
that during the absence‘of my colleague, “’r. 
Rose, and myself that a bill had been in. 
troduced incorporating the town of Fayette- 
ville. After hearing the remarks of “tr. Ros= 
' it is not necessary for me to make any ¢v- 
- tended remarks. Mr. Speaker, there ar~ no 
politics in our town matters, for the people 
- were almost unanimous for the repeal of the 
charter; yet we are willing to do anything 
that is just and honorable in the matter and 
as my honorable friend Mr. Rose says, a 
bill will be introduced by him touching upon 
this to our people, important matter. 

Mr. Bailey, of Mecklenburg, rising to a 
question of personal privilege, stated the 
bill alluded to by his friend from Cumber- 
‘land was sent to him by a distinguished 
gentlemen, stating that the members were 
opposed to it and he (Mr. B.) therefore con- 
cluded that it would be an act of superoga- 
ion to offer the same to them. Mr. 
Bailey stated that the bill also introduced 
























sioners to hold their sessions in public, was 
sent to him bya distinguished citizen of 
eastern North Carolina, and was intended 
_ to correct alleged abuses in that section, 
( and in no wise to reflect upon the board of 
- county commissioners of Mecklenburg; 
; that he was personally cognizant of the 
a fact that they had always held open ses- 
sions. 

Mr. Holt was excused, to attend a meet- 
ing of the committee on Agriculture. 
1 CALENDAR 
The calendar was then taken up and the 
following bills disposed of as follows : 
Senate resolution instructing our mem- 
_ bers m Congress to secure an appropriation 
to make Lumber river navigable, passed its 
third reading. 

To authorize the commissioners of Pas- 
quotank county to levy a special tax, 
passed its third reading. 

To regulate fishing in Pamlico and Tar 
rivers, passed over informally. 

To prohibit the sale of intoxicating liq- 
uors in one mile and a half of Maiden Cot- 
ton Mills, passed its third reading. 

»to an act to prevent the erec- 
al islands in the navigable wa- 


: “ ri 

















* 


At its Regular Session, 1883. ; 


EIR ee aig SN 


by himself, to require county commis | 


39 


ters of the State, passed its third reading. 

To authorize county commissioners to 

pay judges and clerks of election. Tabled. 
MESSAGES. 

A message was received from the Gov- 
ernor relative to the treatment of convicts, 
&e. 

‘tr. Robins moved that it be transmitted 
to the Senate with a proposition to print, 
and it was so ordered. 

On motion of Mr. Tate, a message was 
ordered to be sent to the Senate proposing 
to go into the election of United States Sen- 
ator at 12 o’clock. 

Mr. Strudwick made a report from the 
judiciary committee on a bill relative to the 
killing of live stock by railroads. 

Vr. Bailey. of Mecklenburg, submitted 
a minority report on the same bill. 

On motion of “r. Stringfield it was made 
the special order for Thursday at 12 o’clock. 

On motion of Mr. Bailey, of Mecklen- 
burg, the rules were suspended and a reso- 
lution to pay J. T. “orriss $30 for chairs 
furnished, was taken up. 

On motion of “r. Hays, of Robeson, the 
résolution was placed on the calendar. 

Mr. Green, of Franklin, introduced ares- 
olution relative to the General Assembly at- 
tending Dr. Currie’s lecture in a body, and 
asked that it be taken up under a suspen- 
sion of the rules, which was done. 

On motion of Mr. Overman, it was laid 
upon the table. 

On motion of Mr. Stanford, the vote by 
which the resolution of Vr. Green was laid 
upon the table was reconsidered and the 
resolution was then adopted. 

On motion of “r. Overman, the House 
took a recess until 11.55 o’clock. 

At a quarter to 12 m., Speaker Rose called 
the House to order and the House pro- 
ceeded with business. 

MESSAGES. 

A message was ceceived from the Senate 
informing the House that the Senate had 
passed the following bills and resolutions: 

To incorporate the Centurion Benevolent 
Society. 

To authorize the President of the Senate 
and Speaker of the House to administer 
oaths. 

An act relating to attorneys at law. 

. Resolution to raise a joint committee on 
fish interest. 
SPECIAL ORDER. 

Twelve o’clock being the hour for the 
special order, the election of United States 
Senator, the Speaker announced that nomi- 
nations were in order. 

Mr. Worthington said: 

“I rise for the purpose of placing in 
nomination before the House of Represen- 
tatives the name of Hon. Matt W. Ransom 
for the Senate of the United States; his 
term of office to begin from and after the 
4th day of March next. I speak in the in- 









































40° 
\) ae 
terests of a gentleman in whose capacity 
1 experience has been illustrated a re- 
Kable fitness for this exalted position; 
whose fidelity to the people, whose de- 
votion to duty, whose consummate states- 
manship, and whose expansive yet delicate 
powers of oratory, justly mark his pre- 
4inence among North Carolinians. His 
ralty to his State has been shown by no 
re superficial tests. Upon the march, in 
é camp, and in battle: in every situation 
vhere the purest type of manhood could be 
exhibited: in victory and in defeat, in 
action and in repose, from Manassas to 
_ Appomattox, this illustrious Carolinian, in- 
comparable in chivalry, has reflected every 
. virtue that could adorn humanity. It may 
truthfully said of him as it was once 
d of Bayard, that his life seems con- 
rated to an unfaltering devotionto duty; 
dl believe, sir, that that broad conser- 
_ yatism that is indicated in all that he does, 
is inspired by a desire to advance from one 
- gradation to another, the material in- 
- terests of North Carolina, until there shall 
be no higher plane that North Carolina can 
occupy. rk 
_ “The great popular heart whose pulse- 
beats have been invigorated, I might have 
said revitalized by his unselfish and eminent 
ervices, would be senseless and unloving 
d even treacherous, if it failed to recog- 
ze him as a favorite. In his magnanimi- 
yhehas attempted to heal the gaping 
wounds of war, and that without a solitary 
concession or the compromise of principle; 
but with something of that spirit that 
might have animated the Roman commander 
is he stood over, the ruins of an empire, 
orn asunder by intestine war, he stood 
eady to grasp hands with an enemy over a 
united nation. 
His arguments in the United States Sen- 
have been substantially so many propo- 
ions for peace; but he has sought it under 
‘specious disgises; he fwould scorn to ac- 
ept peace from a mailed hand; he would 
tertain no treaties if the terms of accep- 
ce implied or expressed an abandon- 
mt of right. The man who followed the 
usive fortunes of the Confederacy, until 
they sank at last in eternal night at Appom- 
jox; the man whose incisive eloquence 
penetrated the veil of reconstruction 
dtore it from top to bottom, so that the 
unlight of liberty might again be diffused 
from mountain to sea, would not have bar- 
_ tered away the virtue or the integrity,- or 
€ sovereignty of the people to have se- 
red peace. I believe, sir, that in the 
nination of this distinguished gentle- 
an, who, under Providence, has labored 
ssiduously to dissipate the shadows; to 
g light and constitutional liberty out of 
s and despotism, and to secure to North 
na the blessings she bountifully en 
we fecla peculiar gratification; and 


mn 





Proceedings of the General Assembly of North Car ina, A 





| 
| 











that the sentiments I hav 
have already been voiced from (¢ r 
Currituck. Mr. Speaker, I cannot say more 
without its being obnoxious to the charge 
of repetition. ITcould not say less without 
obvious disparagement. It is with this — 
General Assembly to re-elect him to the 
Senate of the United States, and thereby to an 
forge a perpetual bond of union between 
North Carolina and Ransom, the fame and 
grandeur of the one to be subserved by the 
love and loyalty of the other.” Whe 
Mr. McAllister said: ‘It affordsme great 
pleasure, sir, to have the privilege tosetond _ 
the nomination made by the gentleman on ~ 
my right, coming as I do from that humble 
class of our population whose voiceis sel- 
dom heard in the councils of State orcoun- 
try; that class to which we are all indebted 
for the positions we occupy on this floor, 
commonly designated as the Loe ee ‘ae 
farmer and uard-fisted mechanic ; I feel, sir, 
that I %; it reiterate their sentiments, to-; 
eether vith those of the whole people of — 
orth Carolina, when I second the nomina- — 
tion of the Hon. M. W. Ransom for United — 
States Senator from North Carolina. The 
question might be asked, sir, is he, or has 
lie been true to the country. I refer to his 
course and conduct for the last twelve 
years. Is he or has he been true to his sec- — 
tion? His battle-scarred body in my opin- 
ion bears ample testimony to that fact. In 
war he met the enemy with naked sword, 
ever ready to strike a blow in defence of 
the land of his birth. In peace he meets 
them on fraternal grounds, extending to 
them the olive branch of peace without the 
sacrifice of pride or of principle. In legis- 
lating for his country he has known no 
East. no West, no North, no South. In all 
local matters affecting his section he has 
manifested 1m unflinching devotion to his — 
native State snd her people. I believe, sir, 
that he will faithfully represent the whole 
people of this great country, without re- — 
gard to party, tace or color. I hope, there- 
fore, vir, Speaker, that this General Assem- — 
bly will give Gen. Ransom their unanimous 
support, forin my opinion, we cannot in — 
any other’ way bettcrserve the people whom ~ 
we represent. Gen. Ransom has honored 
the State, and now lel the State honor him.” 


“r. Wilcox put in nomination the name —_ 
of Col, William Johnston and stated that — 
Col. Johnston was too well knownto make 
it necessary for him toeulogize him. t 

Mr. Harris, of Wake, said: | 

Mr. Speaker: I rise to second the nom-.  — 
ination of the Honorable William Johnson, 
but I will not consume the time of the — 
House in attempting to eulogize that dis-_ 
tinguished gentleman. His nomination for _ 
the high position of Un tes Senator — 
is a gracetul tribute t , 
and asa citizen of this, 

eee aad) Loe 


— 














Fh teal actin 


































know him too well to require any thing of 
_ the kind at my hands. d 

_ Mr. Johnson is one of the many who be- 

eve that ever since the war we have had 
too much party and too little statesman- 
ship; too much passion and prejudice dif- 
fused among the people, and too little ef- 
fort to bring them to a calm, reasonable and 
logical view of the situation. Being, as he 
is, a gentleman of the highest standing, 
» wherever he is kaown, his alliance with the 
‘Liberal movement in North. Carolina can- 
not fail to bring thousands of good and true 
nen to our ranks. 
Sir, he is not only a Liberal in 
sentiment, but he has the independence and 
manhood to stand by and defend the princi- 
ples of Liberalism in this State, which prin- 
ciples will, and must, ultimately prevail. 
The rank and file of the people of North 
Carolina are traditionally liberal. Col. 
_ Johnson, sir, believes that after the expira- 
tion of eighteen years since the war, that 
' passion should cease to control, and that 
reason should resume her throne and so di- 
' rect the affairs of State as to promote the 
material interests of all the people. He 
_ wishes to lift our State out of the old ruts 
and put her upon the high plane of peace 
_ and prosperity, and to establish a fraternal 
feeling which should exist. throughout the 
_ length and breadth of North Carolina and 
- among all true North Carolinians. 
__Asa-‘Senator of North Carolina in the 
_ United States Senate, he would reflect credit 
_ upon his State. Then let us honor ourselves 
_ by electing him to that position; and I do 
_ hope that this House will do it. 
_ The Chair appointed Messrs. Worthing- 
' ton and Wilcox as_tellers. 
_ On motion of “ir. Peebles a message was 
sent to the Senate informing that body that 
the House was ready to proceed with the 
election of United States Senator and that 
the names of General Ransom, of North 
Carolina, and Colonel Johnson of Mecklen- 
burg, were in nomination. 
The House then proceeded to ballot. The 
vote was as follows : 
_ The House then proceeded to ballot as 
ollows : 
For Mr. Ransom—Mr. Speaker, Messrs. 
ibott, Anderson, Bailey, of Mecklenburg, 
Bailey, of Wilson, Barrett, Baum, Beale, 
_ Bennett, Bower, Brown, Bunn, Byrd, Cain, 
_ Candler, Crouse, Cowell, Forbis, Frazier, 
ulton, Gatling, Green, of Franklin, 
_ Gudger, Hardy, Harris, of Davidson, 
_ Hayes, of Swain, Holt, Houston, Johnson, 
_ of Johnston, King, Landreth, Lawrence, 
_ Leazar, Lenoir, Liles, McAllister, ¥ cCotter; 
McCurry, cLeod, Marsh, ~” athezon, 
Mathis, “yers, Overman, Patrick, Peebles, 
Person, Philips, Posey, Powers, of Cleave- 
land, Ray, Reid, of Gaston, Reade, of Per- 

, Reynolds, Riggs, Robins, Sandifer, 

ns, Smith, Stanford, Steed, 










SOME we a) ™. fy Oe MAE) 
: he 








mr At its Regular Session, 1883. 41 


Stewart, Stringfield, Strudwick, Tate, Tom- 
linson, Turner, Walker, Williams, of Gran- 
ville, Williams, of Sampson, Williamson, 
Wilson, Wood, Worthington—75. 

Myr. Johnston—Messrs. Baker, Belcher, 
Bledsoe, Bradley, Bridgers, Bruce, Bryan, 
Bullock, Covington, Cheek, Eaton, Grissett, 
Hamilton, Harris, of Wake, Hayes, of 
Robeson, Henderson, Hewlin, Jenkins, 
Johnson, of Craven, Leary, Lineback, 
Mitchell, Montgomery, Newby, Newell, 
Nixon, Page, Pitman, Poe, Powers, of 
Cumberland, Proctor, Pruitt, Sutton, Tem- 


. ple, Wilecox—35. 


Mr. Holton, Republican, was paired with 
Dr. Thompson, absent. Messrs. Speller 
and Green, of New Hanover, were excused 
from voting. Messrs. Ball, Dixon, Harri- 
son, Waddell and Stokes, Republicans, and 
Glenn, Democrat, were absent. 

During the ballot for United States Sena- 
tor, the following gentleman explained 
their votes as follows: 

Mr. Frazier said that he was a life-long 
Republican, and represenfed Republicans, 
who never follow a doubtful leader, there- 
fore he voted for M. W. Ransom. 

Mr. Sutton said that because our people 
are oppressed with the present system of 
county government, and because he be- 
lieved that Col. Johnston would be a kind 
of Moses to lead the people from that sys- 
tem, he should vote for hin. 

Mr. Standford said that he arose to say 
that in giving this his third vote for Ran 
som for United States Senator, he performed 
one of the most pleasant acts of his life, and 
that six years hence he hoped to have the 
pleasure of voting for him again. 

Mr. Page said: 

Mr. Pagesaid: ‘My heart swells with 
pride at the mention of the name of the 
creat Ransom, and I arise to do him honor. 

have watched his career in the United 
States Senate and it gives me pleasure to 
bear testimony to his great deeds for the 
people of North Carolina. His gallant 
bearing, his manly courage, his strenuous 
efforts in behalf of the peace, the welfare of 
our State are well known to me and the 
people that I have the honor to represent on 
this floor. We know, sir, that no man has 
or could have done more for us than he has 
done. We, especially of the seaboard 
counties, see around us daily the fruits of 
his exertions in our behalf. I, sir, would 
be the last one on this floor to detract from 
his great name, or pluck one laurel from 
the immortal wreath that encircles his 
brow. This, sir, istrue, and the language 
of my heart. But, sir, there are other, and 
what I deem higher considerations, than 
those of mere sentiment, that intervene to 
dictate my action on this occasion. Loyalty 
to my party whose principles are nearer to 
my heart, and under which our beloved 
country is destined to reach its highest 


é 
> RASA ROR Laue ie 


oe a 
x 


42 


_ of duty, and to cast my vote for Col. 
- Johnson, who has been selected as the ex- 





q _ Robeson 


__ nine Congressional districts. 
_ the committee on redistricting the State. 


UNE Cage aiid A 


destiny, bids me, with no uncertrin voice, 
to subordinate my feelings to a high sense 
illiam 


onent of these principles and the standard- 
earer of my party. 
On motion, Messrs. Speller and Green, of 
New Hanover, were excused from voting. 
Mr. Simmons introduced a resolution in- 
structing dur members in Congress not to 
vote to confirm any treaty with the Sand- 
wich Islands, and asked that the rules be 
suspended and the resolution put on its 
passage, which was done. 
Vr. Simmons spoke at length in favor of 
the resolution. 
The resolution was on motion made the 
special order for to-morrow at 11 o’clock. 
The House on motion adjourned. 


SENATE. 
THIRTEENTH DAY. 


Wepnespay, January 17, 1881. 
Senate called to order at 11 o’clock, 


President J. L. Robinson in the chair. 


Prayer by Rey. Dr. Skinner, pastor of 
Salisbury Street Baptist Church, of this 
city: 

Journal of yesterday read and approved. 

PETITIONS. 

Mr. Webb presented a petition from the 
eitizens of Rutherford county, asking a 
stock law in that couuty. 

By the same, a petition from citizens of 


_ Cleaveland county, asking that Matheson 


Springs Vethodist Church be incorporated. 
Mr. Scott, of New Hanover, petition of 
citizens of Wilmington and New Hanover 


'. county, requesting that the justices of the 


peace‘ofjNew Hanover county be not allowed 
to deputize officers. 

Mr. McLean, petition of citizens of 
county concerning Bethesda 
hurch in said county. 

Mr. Loftin, petition of R. W. King, ask- 


-ing fora stock law on the south side of 


Neuse river, in Lenoir county. 
BILLS AND RESOLUTIONS. 

Bills were introduced as follows : 

Mr. Linney, a bill to prevent the wrong- 
ful moving of fences. Referred to the 
committee on propositions and grievances. 

_ Mr. Cozart, a bill in regard to jurors. 

Mr. Boykin, a bill to divide the State into 

Referred to 


Mr. Caho, a bill in regard to the public 


_ lands of Pamlico county. 


»r. Pool, 4 bill to provide. for the erec- 


tion of a residence for the Governor and 


- the committee on public grounds. 





rooms for the Supreme Court. Referred to 


-r. Black, a bill relating to the law of 
attachments. - Referred to the judiciary 


4] committee. 


Mr. Lyon, a bill to incorporate the North 


Proceedings of the General Assembly of North Caro 












‘n) ; 






ay ao 
; a f 
a, fi 


Carolina Life and Fire Insurance C 
pany. Referred to the committee on in 
surance. ao 

CALENDAR. Ms 

Upon motion of \r, Strayhorn, the bill 
in regard to paying officers and witnesses — 
when defendants are not convicted was re- — 
committed to the judiciary committee. 4 

The bill to incorporate the Loftin Silver 
Lead Mining Company passed and was or- 
dered engrossed. r ‘ 

The bill .o incorporate the Bright Light 
Mining Company passed and was ordered 
ee 

The bill in regard to Cherokee lands was 
amended, passed, and was ordered en-. 
grossed. 

CANVASSING THE VOTES. 

At 12 o’clock sharp the President .an- 
nounced that the Senate would go to the 
House of Representatives in a body, where 
the result of the vote for United States 
Senator would be announced. 

The General Assembly being announced 
as in joint session, the President of the 
Senate instructed the Secretary to read that 
part of the proceedings of Tuesday relative 
to the election of United States Senator, 
which being done, the Speaker instructed 
the Chief Clerk to read that part of the pro- 
ceedings of the House of Representatives 
of Tuesday relating to the same subject. 
The result, as stated by the two clerks, was: 
for Hon. M. W. Ransom, in the Senate, 33 
votes; in the House, 74 votes, mak- 
ing a total of 107 votes. For Colonel 
William Johnson, in the Senate, 12 
votes, in the House 35 votes, making a 
total of 47 votes. The Speaker said inas- 
much as Hon. M. W. Ransom received a 
majority of votes as cast, according to the 
laws of the State of North Carolina he was 
deelared elected to the office of United 
States Senator for the term begining March 
4, 1883. andending arch 4, 1889. i 

OALENDAR RESUMED. 

The Senators returned to their seats in 
the Senate Chamber and work on the 
calendar was resumed, Mr. Dortech in the 
chair. 

Bill for the better protection of sheep 
husbandry in North Carolina was put upon ~ 
is sezond reading and provoked consider- 
able discussion. 

Mr. Scott, of New Hanover—This ill, 
introduced by myself, provides for the 
levying and collection of a special tax of 
$2.00 on every dog tn the State, and if 
passed will greatly tend to the protection of 
sheep husbandry in the State, as there are 
so many dogs sheep husbandry cannot 
prosper. In my county one man _ lost 
twenty-seven sheep by dogs in one night 
not long since. Put a tax upon the dogs 
and then a collar and tag about their necks 
to show that the tax is paid. Map 

Mr. “ orehead—Speaking of all the do 


} i Bae Ram: 5 ae 
ey a es NG ie Oe 


; 
gs 

















of the State wearing collars and tags re- 
minds me of an old gentleman who lived 
west of me. He had become tired of the 
turmoils and misfortunes of this life, so one 
evening he quietly trok the blind bridle 
from his old mare and adjusted it about his 
neck, and about the time he was ready to 
swing off from a joist in the barn some of 
his friends detected his suicidal intentions 


and prevented him from doing  fur- 
ther injury to _ himself. He com- 
plained very much that he was 
disturbed and said that in a_ few 


minutes he would have been in the happy 
land. His friendreplied: ‘“‘Yes, you would 
have been a pretty looking thing waltzing 
up and down the streets of the New Jeru- 
salem ‘‘wearing a blind bridle.” 

“yr. Costner sent forward an amendment 
making the tax 50 cents on every dog, in- 
stead of $2.00. 

vr. Battle: Iam surprised that the Sena- 
tor from Lincoln, coming as he does from 
the possum and ’simmon region, should 
depreciate the value of dogs to such an ex- 
tent as to wish the tax so low. 

Mr; Costner: It is true there are ’possums 
in my section, and it is also true that there 
are agreat many sheep there which I wish to 
have protected against dogs. The reason I 
suggest this amendment is because I see no 
chance of passing a bill which provides a 
tax of $2.00, and make this amendment 
knowing that it is a very reasonable tax 
and think it should pass. 

Mr. Clarke—There are a great many 
*possums in my section and for this very 
reason Ido not want dogs taxed. “any of 
the colored people make their Christmas 


money by catching possums and they are | 


not able to pay these taxes. 

Mr. Jones—What per cent of the dogs in 
your section are classed as good dogs? 

‘yr. larke—About one-third. 

Mr. Morehead sent forward an amend- 
ment making dogs the subject of larceny 
the same as other property. 

Mr. Alexander stated that there was a law 
already in force against sheep-killing dogs. 


vr. Clarke moved to table the whole ; 


matter and called -for the ayes and nays. 
The vote stood 22 to table, 17 against it. 
Bill providing that witnesses before mag- 
istrates’ courts shall receive $1.00 per day, 
‘both in criminal and civil actions, was 
placed upon its second reading. 
Mr. Watson moved to amend by making 
the amount 50 cents, instead of $1.00. 
Messrs. Payne, Hill, Richardson, and 
Webb favored the bill with the proposed 
amendment. 
yr. Scott, of New Hanover, opposed it. 
vr. Linney said that Lord Bacon informs 
us that such action would be an innovation, 
which should remind us that we should 
_ drive slowly when we become innovators, 
and that the bill ought not to pass. 


c mS ‘ bal ‘ Fes tk : : 





At its Regular Session, 1883. 43 


Mr. Black wanted the bill so amended as 
oe allow only one witness to every material 

act. 

Upon motion of *r. Pemberton the 
whole matter was referred to the judiciary 
committee. 

Bill to amend section 354, code of civil 
procedure, wasput upon its second read- 


ing. 

Mr. Berry, the introducer, said that the 
bill provided for an extension of time 
allowed for judgments to be regarded as a 
lien from ten to twenty years, in his sena- 
torial district. He said the people of his 
section wanted this and trusted that the 
Senators would pass the bill. 

Mr. Pemberton said the reason that the 
Senate should not pass this bill was 
because it changed the effect of a judgment 
in Burke, McDowell, Yancey and Caldwell 
counties, and it might revive the liens on 
and created by judgment already barred by 
the statute in these counties. 

Mr. Boykin, thought it might be detri- 
mental to other sections and opposed the bill. 
He moved to table. 

Mr. Berry called for the yeas and nays 
The bil] was tabled—yeas 24, nays 13. 

The bill §to protect the agriculturral in- 
terest of the State wus tabled. 

The bill to exempt farming implements 
and mechanical tools from taxation was 
referred to the finance committee. 

The bill inregard to levying and collect- 


| ting taxes passed and was ordered en- 


grossed. 

The bill amending chapter 116, laws of 
1881, passed and was ordered enrolled. 

The. bill authorizing the ex-sheriff of 
Cleayéland to collect arrears of taxes passed 
and was ordered engrossed. 

The bill for the protection of sheep hus- 
bandry in Yancey county passed and was 
ordered engrossed. 

Leave of absence was granted Messrs. 
Clarke and Woodhouse. 

At 3 o’clock the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 
Wepnespay, January 17, 1883. 

The House was called to order at 10 
o’clock. Speaker Rose in the chair. 

Prayer by the Rev. Dr. Skinner, of the 
First Baptist Church. 

The journal of yesterday was read and 
approved. 

REPORTS OF COMMITTEES. 

Judiciary—Reports were made by Messrs. 
Forbis, McLoud, Bunn, Bullock, Holton 
and Frazier. 

Propositions and Grievances—Reports 
were made by “r. Anderson. 

Finance—Repori was made by Mr. Tate. 

Engrossed bills—Report was made by 
Mr. Gatling. 

PETITIONS. 
By Mr. Strudwick, a petition from citi- 






od eal NR cinta bi 
44 P.oceedings of the General 
i 4 


s of Durham to repeal manufacturers’ 


BILLS. 

_ The following bills were introduced and 
sed their first reading, and were appro- 
ately referred :' 

‘a orbis, to amend chapter 200, section 

, laws 1881. 

_¥r. Reid, of Gaston, to incorporate Phil- 

elphia Presbyterian church, colored, in 
ton county. 

rT. Proctor, to repeal so much of the act 

prohibiting the sale of liquors as refers to 

Bethany Presbyterian and Sandy Grove 

churches. 

Mr. Holt, to amend chapter 108, private 

wws of 1858-59. 

_ Mr. Standford, forthe relief of Bland Wal- 

lace, former sheriff of Duplin county. 

_ Mr. Powers, of Cumberland, to enable 

he people of Cumberland county to estab- 
ish a free bridge across the Cape Fear 

Syiriver. 

i ete McAllister, to restore the record of 

burnt and lost wills ir Cabarrus county. 

_ Mr. Page, to incorporate the town of 

Trenton. 

Mr. Bailey, of Mecklenburg, to establish 

elve judicial districts. To regulate tran- 

scripts on appeal. 

im Mr. Poe, to amend the mechanics lien 

law. 






































CALENDAR. 
The calendar was then taken up and the 
ollowing bills were disposed of : 

To amend section 1, chapter 13, laws 
1880. Recommitted. 

_ Substitute for an act to repeal all laws 
prohibiting the sale of liquor, with certain 
ceptions, in the county of Perquimans. 
Passed its third reading. 

To amend section 1, chapter 288, laws 
1881. Passed its third reading. 
To amend chapter 31, laws 
dled. 

‘To regulate fishing in Pamlico and Tar 
Mr. Bunn moved to amend by 
cing out the Falls of Tar river and in- 
ing Wilmington and Weldon Railroad, 
vhich was adopted. The bill then passed 
third reading. 

0 compel the Carolina Central Railroad 
draw off the stagnant water ponded be- 
een Rockingham and Pee Dee rivers. 
ed its second reading and referred. 

0 protect fish in Lumber river. With- 
wn by consent. 

0 prescribe the venue in actions against 
rifts. Tabled. 

o disqualify certain persons from giving 
dence on bonds, &c., executed prior to 
igust 1, 1868. Pendi:g the consideration 
bill the hour for the 

SPECIAL ORDER 

g arrived, the chair announced the 
ing as the special order for this hour: 


1873-74. 













‘ 


i 
Py ; . ‘ 


Assembly of 


P aad » ae es 
in Congress in reference t he treat 
tween this government and tl 

















Islands. Sco 
Mr. Simmons said: ies 
Mr. Speaker: In the treaty betw 


Hawaii and this Government, free trad 
guaranteed between the two powers. — 
The principal imports from the Sand- 
wich Islands, or Hawaiian government is— 
rice and sugar; the rice is known as Ran- 
goon rice, and is of a very inferior grade, 
which comes to this country free of tariff 
duty, to compete with the better rice raised 
in the south, and especially that raised in — 
eastern North ¢ arolina, raised by the hor- — 
ny-handed sons of toil, whom we have the > 
honor to represent. In addition to thisinferior 
rice coming to this country free of tariff, 
the Chinese, and for ‘‘ways that ares dark 
and tricks that are vain, the heathen Chinee — 
is peculiar,” ship their black rice to the — 
Sandwich Islands, and then reship the 
same by said treaty to this country, as pro- - 
ducts of the Sandwich Islands. ‘ 

Iam a low tariff man, but while J am, 

I still deem it unfair to except in favor of 
this one government, and especially when 
the imports; from that country are those ~ 
which, when permitted to come free of 
tariff operate directly against the South 
and especially against the agricultural in- 
terest of Eastern North Carolina. In other 
words, I want a uniform tariff on all 
goods. 

If our tariff was to be raised on one 
article, and only one, it would necessarily 
be larger. .When to be raised on many 
articles it is necessarily smaller on each, in 
proportion to the numbér taxed, therefore — 
this rice, this inferior Rangoon and black. 
rice from the Sandwich Islands and China 
shouid be taxed. 

And again, while Iam a low tariff man, 
Iam not willing that every other iudustry,  . 
and especially northern industry, be pro- 
tected without raising my voice in behalf of — 
the rice planters of North Carolina. i 

This resolution, if passed, will not stulti- 
fy ourselves or seem inconsistent with the 
resolutions already passed, asking our Sen-— 
ators in Congress to use their influenee in ~_ 
obtaining a total abolition of the revenue — 
and afeduction of the tariff. Forinthis 
we only ask that the tariff be made uniform 
and general and that Rangoon and black — 
and the Sandwich 


rice from China 
Islands be not permitted to come 
to this country free of tariff duty 


to compete with the rice of the Sout and — 
North Carolina, when every other industry, 
and especially northern industry is pro- 
tected; let us protect all or none. I favor 
the ; -otection of none, but think a uniform 


lk 


tarifi for revenue only necessary, and th 
protection given does n\ | to the ‘ 
ernment, but into the po  Ofghth 

in the | 


manufacturer, thon, 


f * 
Mt ae Mi 






want the same thing. 


Kk 
P 
7 


yi 


v4 
















t. I ama true North Carolinian, I love her, 
her people, and every interest of hers, and 
at all times will be ready to protect the fair 
fame and spotless character she now en- 


_ joys, and to see saved harmless her agricul- 


tural interest. 
Mr. Bailey, of Mecklenburg, offered the 


following as an additional resolution: 


Resolved further, That by the foregoing 


‘ resolutions we do not mean to commit our- 


selves to the political heresy of ' protection. 
Mr. Wilcox called for the yeas and nays, 


and the call was sustained. 


Mr. Peebles favored the passage of the 


“resolution because he thought that it was 


not inconsistent with the resolution passed 


_ with reference to having the tariff reduced, 
and because the agricultural interests of a 
portion of the State demanded it. 


_ Mr. Page favored the resolution for the 


_ Same reason. 


Mr. Stringfield thought it inconsistent to 


_ ask for a tariff after asking for it to be re- 
- duced, and the internal revenue; 


that 
if this resolution passed the sugar inter- 
est would want protection, and then every 
manufacturing interest in the State would 
He could not see 
how any man who represented an agricul- 
tural people could vote for tbe resolution. 
Mr. Powers, of Cumberland, wasin favor 
of the resolution because taxes had to be 


_. raised somewhere, and that just now there 






4 
{ 


by Mr. Robins a 





- Senator. 







was a tendency in North _ arolina to free 
whisky, and that the tax must be raised if 
4 had to be raised from the necessaries of 
ife. ‘ 
Mr. Harris, of Wake, spoke in favor of 
the resolution. 
Messrs. Powers, 


of’ Cleaveland, and 


_ Robbins spoke in opposition to the resolu- 


tions. 
_ Messrs. Worthington, Standford, McLoud 


- and Green, of New Hanover, spoke in favor 


of the resolution. 
Pending the discussion of this resolution 


MESSAGE 


_ was received from the Senate informing the 
_ House that the Senate would proceed at 
_ the hour of 12 m., in a body to the House 
to canvass the vote for United States 


_ Senator. 
__ Mr. Harrison was on motion allowed to 
have his vote recorded for United States 
He voted for Col. Johnston. 
The House took arecess until 12 o’clock. 
SPECIAL ORDER. 

At 12 o’clock Speaker Rose called the 
House to order. The Senate was announced 
and came in andtook the seats assigned 
them. ; 

That part of the journals of the Senate 
and House referring to the election of 
United States Senator was read. 





t its Regular Sessiun, 1883, 





45 


votes, was elected United States Senator for 
the six year term next beginning. 

The Senate then retired and the House 
proceeded with the first 

SPECIAL ORDER, 

The resolutions in reference to the Ha- 
waiin Island treaty. The resolutions were 
adopted by the following vote : P 

Ayrs—Messrs. Abbott, Baker, Ball, Bar- 
rett, Baum, Belcher, Bledsoe, Bower, 
Bradley, ®ridgers, Bruce, Bryan, Bullock, 
Bunn, Byrd, Cain, Candler, Covington, 
Cheek, Cowell, Dixon, Eaton, Frazier, Gat- _ 
ling, Green, of Franklin, Green, of New 
Hanover, Grissett, Hamilton, Hardy, Har- 
rison, Harris, of Wake, Hayes, of Robk- 
son, Hayes, of Swain, Henderson, Hewlin, 
Holton, Jenkins, Johnson, of Craven, John- 
son, of Johnston, Landreth, Leary, Lenoir, 
Lineback, McCotter, McCurry, McLoud, 
Mathis, Montgomery; Newby, Newell, 
Nixon, Page, Patrick, Peebles, Person, 
Philips, Pitman, Poe, Powers, of Cumber- 
land, Proctor, Pruitt, Ray, Reynolds, Riggs, 
Simmons, Smith, Speller, Stanford, Stokes, 
Strudwick, Sutton, Temple, Turner, Wad- 
dell, Walker, Williams, of Granville, Wil- 
liams, of Sampson, Williamson, Wilcox, 
Wood, Worthington—80. 

Nays—Messrs. Anderson, Bailey, of Yeck- 
lenburg, Bailey, of Wilson, Beale, Bennett, 
Brown, Crouse, Forbis, Fulton, Gudger, 
Harris, of Davidson, Houston, King, Law- 
rence, Leazar, Liles, McAllister, Marsh, 
“ atheson, Mitchell, Myers, Overman, Posey, 
Powers, of Cleaveland, Reid, of Gaston, 
Reade, of Person, Robins, Sandifer, Sher- 
rill, Steed, Stewart, Stringfield, Tate, Wil- 
son—3s3. 

Mr. Bailey, of Mecklenburg, explaining 
his vote, said as the treaty had not.been 
produced he could not tell how to vote and 
therefore he would vote safely, aud vote no. 

(CALENDAR (resumed. ) 

Bill to disqualify certain persons from 
giving evidence on bonds, &c., executed 
prior to August 1st, 1868. Recommitted. 

SPECIAL ORDER. 

The bill to grant amnesty and pardon to 
certain persons selling liquor without li- 
cense, being the special order for this hour, 
was taken up. 

Some discussion ensued and was partici- 
pated in by * essrs. Rose, Powers, of Cum- 
berland, Green, of New Hanover, McLoud, 
Forbis, Bailey, of Mecklenburg, Bunn, 
Strudwick, » cCotter, Leazer, Harris, of 
Wake, Sherrill and Robins. ; 

Mr. Forbis called for the ayes and noes, 


and the call was sustained. Thebillpassed 


its second reading by the following vote: 


Yuas.—Messrs. Bailey of  » ecklen- 
burg, Bailey of Wilson, Baker, Ball, 
Barrett, Baum, Beale, Belcher, Ben- 


nett, Bledsoe, Bower, Bradley, Bridgers, 
Brown, Bryan, Bullock, Byrd, .Cain, Can- 
dler, Covington, Cheek, Crouse, Cowell, 


Wate ? 
, 


YS Pa eee 











Dir on, Eaton, Frazier, Fulton, Gatling, 
Green of Franklin, Green of New Hanover, 
rissett, Gudger, Hamilton, Hardy, Harri- 
n, Harris of Davidson, Harris of Wake, 
Hayes of Robeson, Hayes of Swain, Hen- 
derson, Hewlin, Holton, Houston, Jenkins, 
. Jo nson of Craven, Johnson of Johnston, 
ng, Landreth, Lawrence, Le sary, Lenoir, 
oer Lineback, VcAllister, McLoud, 
arsh, Mathis, Mitchell, Montgomery, 
Myers, Newby, ;Newell, Nixon, Overman 
Page, Patrick, “Peebles. Person, Phillips, 
Pitman, Poe, Posey, Powers of Cumber- 
land, Proctor, Pruitt, Reid of Gaston, 
eade of Person, Reynolds, Robins, Sandi- 
r, Simmons, Smith, Speller, Stanford, 
a Steed, Stewart, Stokes, Stringfield, Strud- 
wick, Sutton, Tate, Temple, Purner , Wad- 
dell, Walker, Williams of Sampson, Wil- 
~ liamson, Wilcox, Wilson, Wood and 
-Worthington—101. 
_Nays.—Messrs. Abbott, Anderson, Bunn, 
orbis, Leazar, Powers. of Cleaveland, and 
Sherrill—7. 
During the ballot Mr. Bailey, explaining 
8 vote, said that while he thought it but 
ght apro rata should be paid, he so fully 
dorsed the act of amnesty that he voted 













r. Forbis said, in explation of his vote, 
at if the House had accepted an amend-— 


pay to the county treasurer an ‘amount 
ual to the pro rata license tax for the time 
ey sold without license, so as to restore 
_ the school fund that which it had 
en robbed, then he would vote for it, but 
e bill as it now stands invites and rewards 
ee of law, and therefore he voted 


its. Sherrill, in explanation, said he would 
vor general amnesty, if the gentlemen 
would allow the clerical error made by the 
ae diciary committee, and let it read 1881 
instead of 1882, which error in effect did 
reach the case of the parties in Cum- 
berland county, as to payment of tax for 
license. 
_ The bill passed its third reading without 
opposition, and was ordered to be en- 
grossed. 
eave of absence was granted to “essrs. 
atling and Worthington until Tuesday 


“next. 
MESSAGES. 

message was received from the Senate 
orming the House that the Senate had 
ssed the following bills: 
To incorporate the town of Lexington. 
To incorporate the Coast Line Turnpike 

any. , 
Sem protect sheep and other domestic ani- 
nals in Madison county. 
fo incorporate Germantown in Stokes 


PAD RRO Kure ah, Meee tay) 





- ment offered by himself, to make offenders - 








CALENDAR (rest 
On motion of Mr. Beale, the rules 
suspended and the bill incorporati 
town of Lexington passed its sev 
ings. AD sGyi 
On motion of Mr. Waddell, 
course was taken with the bill ineorpora 
ting the Coast Line Turnpike Company. aye 
Bill to authorize the town commission 
of Oxford to transfer stock to the Oxfo 
and Henderson Railroad company, passe ity 
its third reading. mir 
To amend the landlord and tenant act, 
passed its third reading. 
Touching the powers of executors and 7 
administrators, passed its thirdreading. 
Pending the consideration of the calen- — 
dar, the hour for adjournment arrived, and — 
the House agyoumieys ; Tae iy 
. 
" 
















































SENATE. al 
FOURTEENTH DAY. 
Tnurspay, January ae 

The Senate was called to order at 11 _ 
o’clock, President Robinson in the chair. ~*~ 

Prayer by Rev. Dr. Atkinson, of theSec- 
ond Presbyterian church, of this city. t 

The journal was read and approved. = 

PETITIONS. ANH 
Womack presented a petition trowel bial 
hare sienens of Alamance county, asking a 
repeal of the drummers’ tax. 

Mr. Payne, petition from citizens of An. 
son county, asking the repeal of the pur- — 
chase tax imposed by the laws of 1881. In 
presenting this petition, Mr. Payne stated 
that it was lar gely signed by the best citi- 
zens of Anson county. It was referred to 
the committee on finance. iy 

Mr. Lyon, petition from citizens of Bruns- ‘ 
wick county, asking a repeal of certain 
laws regulating fishing on the sea coast. 

Mr. verry, petition in regard to the ap- 
pointment of justices of the peace in Mor- 
ganton township, Burke county. 

Mr. Boykin, petition of certain citizens - 
of Sampson county concerning a change of 
the dividing line between Johnson ‘and he 
Sampson counties. 4 Hat 

Mr. Purnell, petition of certain citizens 
of Wake county, asking a prohibitory law 
for New Hill Christian Church in said | 
county. Referred to the committee on ie, Yr 
positions and grievances. naw 

Mr. Boykin, petition concerning the is- iE 
suing of bonds in Pender county. Placed — 
upon the calendar. bits ; 

: 








Mr. + orehead, petition from citizens of © 
Greensboro asking a repeal of the $100 
license tax on products of their own manu- © 
facture. M4 Gee ad 









































tax law. Referred to the committee 
e 


__- REPORTS FROM COMMITTEES 

ere made as follows: 

From judiciary committee, by Messrs. 
emberton, Black, Boykin, Webb, Stray- 
horn, Caho and Loftin. 

_ Corporations, by Mr. Scott, of Rocking- 
am. . 

_ Education, by Vessrs.$Evans, Graham, 
and King, of Cherokee. 

_ Engrossed bills, by Mr. Farmer. 

A resolution was received from the 
ouse stating that the House had passed a 
solution asking Dr. J. L. M. Curry, the 
gent of the Peabody fund, to address the 
embers of the General Assembly in the 
- hall of the House, at 12 o’clock to-morrow, 
and inviting the Senate to attend. The res- 
' olution was adopted by the Senate. 

BILLS AND RESOLUTIONS. 

_ Bills and resolutions were introduced as 
_ Mr. Richardson, a billto amend chapter 
200, laws of 1881, in regard to the public 
h school laws of;the State. Referred to the 
- committee on education. 

Mr. Lyon, a bill in regard to fishing on 
- the coast of Brunswick county. Referred 
_ to the committee on fish interest. 

Mr. Scott, of New Hanover, a bill to re- 
_ peal certain provisions of chapter 191, and 
_ chapter 216, laws of 1881. 

_ By the same, bill in regard to the plan of 
the city of Wilmington. Referred to the 
_ committee on corporations. 
Mr. Caho, bill to amend chapter 150, 
_ Jaws of 1881, in regard to the manner of en- 
_ tering lands, making the same applicable to 
_ Pamlico and Hyde counties. 

_ By the same, bill to make valid certain 
land grants issued by the State in the coun- 
ties of Pamlico and Hyde. 

Mr. Lyon, bill to reduce the amount of 
the bond to be given by Registers of Deeds. 
Referred to judiciary committee. 

Myr. Dortch, bill to amend the law of at- 
tachment. Referred to judiciary committee. 
_ Mr. Graham, bill to repeal the prohibito- 
ty law at the court house in ¥ ontgomery 
county. 

_ Wr. Linney, bill to prevent the felling of 
_treesin North Hunting Creek in Iredell 
unty. Referred to committee on propo- 

tions and grievances. 

__ “r. Scott, of New. Hanover, introduced 
_ the following resolution in regard to mov- 
ing the State capitol from Raleigh to Wil- 
-Mington, but the chair ruled that it would 
require a constitutional amendment. 

Waerras, The State capitol has Zbeen lo- 
cated at the city of Raleigh for the past 
century, and the side-walks are still impas- 
able, and are getting annually in a worse 
ondition, and the streets are paved with 
ud and. water, which renders 

le Ic cation for the American 





At its Regular Session, 1883. 




















4T 


bull frog, Thererefore be it 

Resolved, That the capitol of the State 
of North: Carolina be removed from the 
city of Raleigh to the city of Wilmington, 


where the side-walks are in excellent con- 


dition, the streetsrespectably paved, where 
mud is not tolerated, and where the balmy 
air from the old Atlantie shall restore to 
perfect health the weary and drooping 
members from the west, who have been 
daily plodding their weary way to and 


fromgthe State capitol through oceans of — 


mud. 


Resolved, That the congratulations of — 
the General Assembly be tendered to the 


Mayor and Board of Aldermen of the city 
of Raleigh, and to the citizens in general, 
on the facilities they possess for starting a 
brick yard on Fayetteville street; every thing 
being in proper condition and the clay well 
mixed. 

CALENDAR. 

Bill to secure the better drainage of the 
low-lands of South Fork creek, and its 
tributaries in Forsythe and Davidson coun- 
ties, passed its second and third readings and 
was ordered to be engrossed. 

Mr. Morehead called up his motion, made 
yesterday, to reconsider the vote by which 
the bill to restore fees to attorneys passed 
the Senate on Tuesday, and stated that his 
reason for doing so was to offer an amend- 
ment to the bill. He explained at some 
length the merits of the amendment. The 
motion to reconsider prevailed, and his 
amendment was adopted. 

Pending the passage of the bill as amend- 
ed, upon motion of Mr. Toon, it was made 
a special order for Tuesday next at 12 
o’clock. ; 

Bill to allow the commissioners of Lenoir 
county to levy a special tax, passed its final 


reading, and. was ordered enrolledfor rati-— 
fication. ‘This bill provides for a special tax — 


of 45,000, to be used for the purpose of 
building a jail. ; 





Pill to authorize the county of Pender to 


issue bonds was taken up. 


Mr. Scott, of New Hanover, read a letter ; 


from Dr. Porter, of Pender county, in op- 


position to the bill and said: I object to_ 
The county of Pender isnow out — 
of debt and has {5,000 in her treasury. 

They use the academy building for a court — 


this bill. 


house, which answers every purpose, and as 


they have but few prisoners there is no ne- _ 


cessity fora jail, for the prisoners can be 


taken care of in New Hanover jail as cheaply _ 


as they could in Pender. 

Mr. Boykin: I introduced the bill at the 
request of the county commissioners and 
other county officers, who say that they 
want these bonds issued to enable them to 
build a jail and court house, and have be- 
fore me letters from a number of leading 


citizens urging the passage of the bill, and 
in addition to this I presented this morning | 





i oe We iP 


' ) i 
Yous 


i 








































petition from a large numper of tax- 
payers of the county asking for the same. 
This bill throws every necessary safeguard 
about the tax-payers. From my own per- 
sonal knowledge of the county and the 
wants of the people, I know that the bill 
- should pass. I am informed that the so- 
 licitor of the district drew a bill during the 
ecember term of court and presented it to 
he grand jury, indicting the commissioners 
for not having better houses in which to 
transact the county business and for the 
_ protection of her prisoners. 
Mr. Lovill—Why is it that the $5,000 
_ now inthe treasury is not used for the pur- 
pose indicated? ¢ 
_ Wr. Boykin—These funds, I learn, have 
been appropriated towards paying the 
ounty debt. 
* Mr. Pemberton—What protection to 
tax-payers does the bill give? 
-__ Mr. Boykin—That of not allowing 
_ bonds to be sold below par. 
vr. Black moved to postpone the bill un- 
til Thursday next, at 12 o’clock, and to 
make it the special order for that hour. 
vr. Boykin—The bill has been before the 
Senate ten days already, and has been post- 
poned once for the benefit of the Senator 
from New Hanover, but I have no objec 
tion to the postponement if any Senator 
wishes to investigate the matter further. 
vr. Black’s motion prevailed. 
The bill for the relief of the sheriffs of 
the State, after being amended by Mr. 
Linney, and discussed by several Senators, 
passed its third reading and was ordered 
! anes 
} he bill to repeal chapter 127, laws of 
1879, was put upon its second reading. 
Mr. Lovill—This bill is to repeal the law 
which makes it a misdemeanor to carry 
concealed weapons, and lam opposed to its 
assage. 
Upon motion of Mr. Pemberton, it was 
‘passed over informally. 
Bill to authorize the commissioners of 
filkes county to pay L. OC. Hartley fifty 
ollars for teaching public schools, was, 
ipon the suggestion of Mr. Linney, post- 
yoned until Saturday. 
House resolution requesting our Senators 
and Representatives in Congress to use 
their best efferts to obtain a return of the 
money collected by a direct tax from citi- 
ens of North Carolinain 1865, was adopted. 
_ Bill to incorporate the Southern Ore Com- 
_ pany passed, and was ordered engrossed. 
__Billto amend the charter of the town of 
f ‘Clinton passed, and was ordered engrossed. 
Bill to incorporate the Newton Cotton 
Mills passed its final reading, and was’ or- 
ered enrolled for ratification. 
_ The bill making the February and Au- 
gust terms of Wake Superior Court for the 
trial of civil cases exclusively passed and 
s ordered engrossed. 
Bie 


the 


the 


het 


wove ah AM 


Proceedings of the General Assembly of 
















TORT 
The bill to incorporate th 
Goldsboro passed and »was or 
grossed. This bill provides for 
pendent operation of the Bank of Golds- — 
boro, it having been operating as a branch 
of the bank of New Hanover since 1871. 
Leave of absence was granted Messrs. 
Pool and Cozart. ee Me 
An invitation from students of Wake — 
Forest College was read, asking the mem- — 
bers of the General Assembly to attend the — 
anniversary m>eting of the two societies of — 
that college, to be held Friday, February 16. — 
The Senate adjourned. } e 
HOUSE OF REPRESENTATIVES. 
Speaker Rose called the House to order 
at 10 o’clozk. Ta 
Prayer by Rev. J. M. Atkinson, of the 
Second Presbyterian church. 
The reading of the journal was dispensed 
with, and it stood approved. eh 
REPORTS OF COMMITTEES. 
Judiciary—-Reports were made by Messrs. 
Bailey of Mecklenburg, Frazier, MeLoud, 
Green of Franklin, and Bullock. . 
Propositions and Grievances—Reports 
were made by Messrs. McAllister, Pruitt, 
Holt, Matheson, Brown and Me otter. 
Penal Institutions—Reports were made 
by Messrs. Gudger and Hayes of Swain. 
Engrossed Bills—A report was made by 
Mr. Abbott. “) 





PETITIONS. 

Mr. Williamson, petition from citizens of 
Columbus county, asking that the town of 
Pireway be incorporated. Ny ih 

Mr. Grissett, petition in regard to the 
corperate limits of Beulah church, from 
citizens of Brunswick county. -§ 

BILLS. 

The following bills were introduced 
passed their first reading and were disposed 
of as follows: : 

By Mr. Williamson, to incorporate the 
town of Pireway in Columbus county. 
Committee on corporations. ‘ 

By Mr. McAllister, to empower the 
sheriff of Cabarrus county to collect arrears — 
of taxes. Committee on finance. 

By Mr. Gussett, to define the corporate 
limits of Beulah Church. Committee on cor- — 
porations. 

By Mr. Wood, to prevent stock from 
running at large inthe counties of Green 
and Lenoir. Committee on propositions and 
grievances. ' 

ty Mr. Hayes, of Swain, to forbid the 
sale of spiritous liquors in two miles of 
Cold S»ring Baptist Chureh in his county. — 
Committee on propositions and grievances. 

By “rv. Perry, to amend thé charter of | 
the town of Hendersonville. Committee on _ 
corporations. i ‘s k 

By Mr- Hardy, to amen: 
1868-69. Coun jee on 


#) 






















































Nixon, to amend the landlord and 

act, Committee on judiciary. 

y Mr. Belcher, to provide for the count 

g of votes deposited in the wrong box. 

mmittee on judiciary. - ‘ 

By Wr. King, to make it 2 misdemeanor 
to mutilate or otherwise deface notices, 
signs, etc. ( ommittee on judiciary. 

_ vy Mr. Bailey, of Mecklenburg, to amend 

the act incorporating the riddle Institute. 

- Committe on propositions and grievances. 

By Mr. Williams, of Granville, to amend 

_ the charter of the town of Henderson. Com- 

_ mittee on corporations. 

By Mr; Pruitt, to; amend?‘ chapter 260, 

auws 187627 and chapter 234, laws 1881. 

By Mr. King, to amend the act allowing 

he Bank of Greensboro to wind up its 
siness. 


CALENDAR. 

The calendar was taken up and disposed 
of as follows: 

' To amend chapter 

formally passed over. 

"To establish a graded public school in 

the town of Statesville: Upon the passage 

_ of this bill Mr. Bledsoe called for the ayes 

and nays. The call was not sustained. 

Mr. Bledsoe said: r. Speaker, I really 

expected to. hear‘out constitutional lawyer 

' object to the passage of this bill. It is 

» clearly unconstitutional in that it provides 

that the tax collected from the white polls 

shall go to the education of white children, 

and that collected from colored polls to the 

education of colored children, and it is 

therefore class legislation, and I shall be 

cor&pelled to vote against the bill. 

The bill then passed i its third reading. 

For the relief of the administrator of A. 

eCallum, late sheriff of Columbus county, 

assed third reading. 

To amend chapter 3, private laws 1876-. 

77, passed third reading. 

| Relative to the sale of cotton between 

" certain bours, passed third reading. 

‘To amend chapter 27, section 15, Rattle’s 

evisal, passed third reading. 

elative to the disposition of mortgaged 

perty, passed third reading. 

‘o repeal the act incorporating the town 

of Plymouth, passed third reading. 

‘To repeal the local; prohibition law in 
Tendersonville, in, Henderson county,passed 
s third reading. 
thorize,t the re egistration of the baa 


116, laws i881. In- 


Ny 


orize the President of; the Senate 
of the House of Representa. 
ni 


outer 234, ene of 1881, 
iene ae 





“At its Regular Session, 1883. 


‘ with Mr. 





- vision. 





county to levy a special tax, passed its third 
reading. 

An act concerning the sale of liquors in 
Germantown, passed its second reading, 
and on motion of Vr. Phillips, was infor- 4 
mally passed. over. 

To amend chapter 116, laws of 1881, infor- 
mally passed over. 

Relating to the forging of names to peti- — 
tion and other papers. Passed its third read- 
ing. 

To authorize the Virginia and Carolina 
railroad company to extend and construct 
their line within the limits of the State. 

Mr. Hayes, of Robeson, stated that the 
proper way would be for the railroad com- __ 
pany to prepare a charter, and let the legis- 
lature pass upon that, and not ask them to ty 





confirm a charter they did not know any- “4 
thing about, which was granted by another M4 


State. He moved to strike out sec. 1. 

Mr. McLoud trusted that the gentleman 
from Robeson would withdraw his motion; 
that section 1 would not interfere with any 

action of any legislature which might de- 
sire to amend this charter; that this charter 
would be subject to the constitutional pro- 








vr. Hayes: Will the gentleman say that 
this legislature can repeal the charters of 
the Raleigh and Gaston and Wilmington 
and Weldon railroads ? 

Mr. McbLoud: As a lawyer I would not be — 
guilty of any such folly. But under the — 
constitution the legislature is the boss of a. 
charters granted to railroads since 1868, 
and this legislature cannot tie the hands of 
any subsequent legislature. a 

. Robins was not opposed tothe bill 
Strudwick’s amendment, but if — 
the friends of the bill were opposed to that 
amendment it was®time for the House 
to wake up. That the constitutional pro- — 
vision would not allow any legislature to 
divest any company of rights which migit 
already have accrued under its charter. He 
was not opposed to giving this road a 
charter provided it was placed on safe 
eyounds. 

The Hon. J. L. “. Curry was announced _ 
ag being present and was given a seat on 
the floor of the House. 

vir. Bailey stated that he had no personal 
interest in or care for the bill except his 
general desire to see all railroads built from 
any point to any other point, with liberal 
charters. v 

After further discussion, participated in 
by Messrs. Peebles, Strudwick, Lenoir and 
others, the bill was, on motion, recommiited 
to the judiciary committee. 


vir. Bunn introduced a resolution to in- 
vite the Hon. J. L. ™. Curry to address the 
General Assembly at 12 o’clock, on the 19th 
ingf., in the hall of the House of Repre 
tatives, which was adopted, : 






























50 
Bt 
The chair announced the following 

J COMMITTEES: 
__Insurance—Messrs. Williams, of Samp- 
son, Hardy, Harris, of Davidson, Posey 
and Hewlin. 

Public Buildings—Messrs. Holt, Peebles, 
Bailey, of Wilson, Bunn and Page. 
Public Library—Messrs. Bower, Forbis, 
Gilmer, Riggs and Cheek. 
Appointment of Justices—Messrs. Sim- 
mons, Williamson, Bennett, Ray and Leary. 

SPECIAL ORDER. 

An actto amend an act concerning the 
killing of live stock, being the special order 
for this hour, it was taken up and after 
being discussed by Messrs. Bailey, of 
Mecklenburg, Holt, Powers, of Cumber- 
- Jand, and others,was on motion, laid on the 
table. 


Ys 


CALENDAR (resumed. ) 

To extend the time to pay State taxes in 
Dare county. Third reading. 

To authorize [county finance committees 
to administer oaths. Third reading. 
To amend chapter 13, laws of 1880. 

Tabled. 
‘To attach a portion of Craven county to 

Carteret. Informally passed over. 

Senate amendment to the resolution re- 
lating to internal revenue. Concurred in. 

MESSAGE. 

A message was received from the Senate 
informing the House that the Senate had 
passed the following bills and resolutions : 

To incorporate the Loftin Silver Lead 
Mining Company. 

To incorporate the Bright Light Mining 

_ Company. 

To regulate the purchase of land by State 
grants. 

_ Togauthorize B. F. Logan, ex-sheriff o 

Cleaveland county, to gollect arrears of tax. 

To amend chapter 117, laws of 1881. 
That the Senate had concurred in the res- 
olution inviting the Hon J. L. M. Curry to 
address the General Assembly. 
LEAVE OF ABSENCE 
was granted to Messrs. Stewart, Mathis, 
Williams of Granville, Page and Hewlin. 
Leave of absence was also granted to Mr. 
Sherrill on account of death in his family. 
A resolution fixing the hour for meeting 
at 11 o’clock was introduced and on 
motion of Mr. Baily, of Mecklenburg was 
__ laid on the table. 
The hour for adjournment haying ar- 
_ rived the House adjourned. 


SENATE. 
FIFTEENTH DAY. 
Fripay, January 19. 
; The Senate was called to order at 11 
 o’clock, President Robinson in the chair. 
Be PETITIONS. 
A petition was introduced by Mr. Lyon 
_ from citizens of Columbus and Bladen 





nS ’ 


y 
w Ua : “ + 
eG Ser ae ea s pe ere Ane Mee OG 


| to the date of their certificate. 


this, as 


‘i 








na, hee 
ea EO 
counties in regard to the dividing line 
tween those two counties. oe, 

Mr. Webb, a petition from citizens of — 
Gaston county, asking that the sale of spir- 
ituous liquors be prohibited within two 
miles of Shady Grove Baptist church, 

REPORTS. 

The following committees made reports : 

Finance committee, by Messrs. Alexan- 
der and Payne. 

Judiciary committee, by Messrs. Boykin, — 
Webb, McLean, Caho, Strayhorn, Loftin, 
Dortch, Pemberton, Black and Womack. _ 
se Corporations, by Mr. Scott, of Rocking- — 

am. 

Engrossed bills, by Mr. Farmer. 

BILLS INTRODUCED. 
_ Mr. Ramsay, a bill prescriibng the manner 
in which relief may be obtained from the 
operations of the stock law where it now 
prevails, or may hereafter prevail. It was 
referred to the committee on propositions 
and grievances, and, by request of the Sen- 
ator, was ordered to be printed. : 

Mr. Womack, bill amendatory to chapter — 
200, laws of 1881, known as the school law. 
[This bill provides that teachers of public 
schools shall not draw pay for teaching prior — 
It requires — 
the superintendent in each county to sign 
al] orders which are drawn. upon the school 
fund. The way the law now stands he is 
required to sign only taose from teachers to 
draw their pay, while the bill introduced 
requires him to sign orders to pay for 
repairing or building school-houses, or 
for any other purpose, when _ the 
money is to come from the school fund. It 
also requires the county superintendent to 
take an oath before entering upon the dis- 
charge of his duties, and that he shall keep 
a book of records of the status of the school 
fund of each schoo] district, and all orders 
signed by him, so that he may be able at 
any time to give a detailed and full account 
of the school operations in his county. ] 

The bill was referred to the committee 
on education. : 

Mr. Mebane, a bill for the better protec- 
tion of the elective franchise. Referred to 
the committee on propositions and griey- 
ances. 

Mr. Lyon, bill to amend chapter 318, laws 
of 1879, in regard to the boundary line be- 
tween Columbus and Lladen counties. — 
[There is a distance of four miles where the — 
dividing line between these two countice 
runs in the middle of a public road, and the 
citizens of Bladen along this line work ths 
road, while those in Columbus do not. The 
bill proposes to change the line so that two 
miles of the road will bein Eladen county, 
and two miles in Columbus county, thus 
designating plainly what proportion of the - 
road each county shall keep inrepair. The — 
citizens of both counties are favorable to’ 

shown by se te Ra 
PT; la) 


v 











4 













’ committee. 








The bill offered by Mr. Lyon was referred 


to the committee on propositions and griev- 


ances. 

Mr. Dortch, a bill to allow creditors to 
sue on claims in certain cases before they 
become due. Referred to the judiciary 
This bill, if passed, will be a 
new law in North Carolina, there never 
having been any thing of the kind on the 
statute books of this State. The bill pro- 
vides that when any creditor shall make 
oath, or procure oath to be made by some 
other person cognizant of the facts, setting 
forth the cireumstances originating his 
debt, claim or demand, and alleging that 
the same is not yet due, and that the debtor 
has disposed of or is about to dispose of his 
property, or that such debtor has absconded, 
or is about to abscond, with intent to de- 
fraud said creditor and deprive him of 
the fruits of any future recovery by 
reason of such debt, - claim or 
demand shall become due, payable and 
recoverable at once; and _ said creditor 
may bring action therefor, and be entitled 
to the provisional remedies in civil actions 
as in other cases. 

Provided, however, that said debtor may 
set up as a defense to such action that the 
allegations in said affidavit are not true; 
and if upon trial of said issue it be found 
that said allegations are not true, the de- 
fendant shall have judgment for costs and 
shall be entitled to sue the plaintiff for 
damages sustained by him, as he may set 
up such damages by way of counter-claim 
in any future action on said debt, claim or 
demand. 

Leave of absence was granted Mr. Farmer 
until Tuesday next. 

Mr. Boykin announced that Hon. J. W. 
Shackelford, the member of Congress from 
the third district, died on yesterday morn- 
ing, in Washington City, and that inasmuch 
as he had been a member of both branches 
of this General Assembly, he thought it 
would be proper for the Senate to adjourn 
out of respect entertained towards him, the 
House having already adjourned. His mo- 
tion prevailed. 

The President called the attention of Sen- 


ators to the fact they were invited*~ o the 


House of Representatives at 12 m., to hear 
the address of Dr. Curry, the agent of the 
Peabody fund. 

The Senate adjourned to meet to-morrow 
at 11 o’clock a. m. 

HOUSE OF REPRESENTATIVES. 

The House was called to order at 10 
o’clock by Speaker Rose. 

The reading of the journal of yesterday 
was, on motion, dispensed with, and it 
stood approved. 

iS ‘PEDUEIONS, , 
The following petitions were introduced : 
Mr. Cain, petition from voters of Davie 





Ai tts Regular Session, 1883. 





| tenant act. 


51 


county, asking the repeal of the stock law. 
From citizens of the same, asking that it be 
not repealed. 

Mr. Dixon, petitions from the citizens of 
Greene county, asking that no stock law be 
passed for that county. 

Mr. Holt, petition of the merchants and 
tobacco manufacturers of Graham, asking 
the repeal of the license tax. 

From Mebauesville, asking the same. 

Mr. Reade, of Person. petition from 
eighty-three citizens cf Person county, 
asking the repeal of certain local prohibi- 
tory laws. 

Mr. Dixon, petition of citizens of Greene 
county, asking the repeal of eertain local 
prohibitory laws. 

REPORTS OF COMMITTEES. 

Judiciary—Reports by Messrs. Bailey, of 
Mecklenburg, and Peebles. 

Corporations—Reports by Vessrs. Wilson, 
McCurry and Brovn. 

Propositions and Grievances—Reports by 
Vessrs. Holt and Fulton. 

Banks and Currency—Report by Mr. 
Lawrence. 

Engrossed Bills—Report by Mr. Abbott. 

RESOLUTIONS. 

Mr. Forbis, resolution to facilitate the 
business before the General Assembly o 
1883. 

Mr. Lawrence, resolution proposing to 
visit the State Penitentiary for the purpose 
of acquiring information concerning the 
same. 

BILLS. 

The following bills were introduced, 
passed their first reading and were referred. 

Mr. Speller, to amend the landlord and 


_ Mr. Stanford, to amend chapter 1438, laws 
of 1876-77. 

‘wr. Barrett, to prohibit the sale of intox- 
icating liquors to idiots, lunatics or ine- 
briates who have guardians. 

wr. Dixon, to repeal the law prohibiting 
the sale of liquor within three miles of 
Eden Church in Greene county. 

Mr. Sherrill, to incorporate the town of 
Maiden, in Catawba county. 

Mr. Witchell, to incorporate Winston 
Lodge, Hertford county. 

Mr. Newell, to establish graded schools 
in Bladen county. 

Mr. Wilcox,to incorporate the Wilkesboro 
Bridge Company. 

Mr. Peebles, to regulate the sale of liquor 
in Northampton county. 

By the same, to incorporate the Weldon 
and Garysbure bridge, Ferry and Road 
Company. 

wr. Frazier announced the death of the 
Hon. J. W. Shackelford, Representative in 
Congress for this State from the third Con- 
gressiona. district, and moved that the 
Flouse adjourn ot of respect to his memory 
until the bour of 12 o’clock m. 


Me 
Ai 
a» 


‘% 





~ the motion of sir. 


52 


Mr. Bledsoe said it was nothing but right 
that this respect should be paid to the 
memory of this good man, and-he seconded 
Frazier. 

The motion of Mr. Frazier was adopted 
and the House adjourned until 12 o’elock. 

At 12 o’clock m. the House and Senate 


‘met in joint session to hear the lecture of 


the Rev. Dr. J. L. M. Curry, the represen- 


_ tative of the Peabody fund. 


At the conclusion of his remarks the 


House adjourned at 2 “ap m. 


SEN NATE. 
SIXTEENTH DAY. 
Sarurpay, January 20, 1883. 

Senate called to order at 11 o’cloek by 
President Robinson. 

Prayer by Rev. Dr. 
Church. 

Journal of yesterday read and approved. 

By request of ‘ir. Costner, Mr. Webb 
was granted leave of absence. 

PETITIONS. 

Mr. Graham presented a petition from 
citizens of Moore county, asking a repeal of 
the license tax law. 

»r. Dotson, petition from citizens of Ire- 
deil county, asking the prohibition of the 
sale of spirituons liquors within one mile of 
Chapel! Hill Church. 

fir. Payne, petition from citizens of 
Union county praying for the passage of a 
law prohibiting the sale of spirituous 
liquors within two miles of Macedonia and 
Liberty Baptist Churches, in said county. 

REPOR®S. 

The following committees made reports: 

Judiciary, by vr. McLean. 

Engrossed bills by Mr. King, of Chero- 
kee. 

_ forporations, by Wessrs. Scott, of Rock- 

ingham, and Strayhorn. 

Se rinpsitions and Grievances, by Messrs. 
Battle, McLean, Womack, Berry, Speight, 
and Costner. 

Enrolled bills, by Mr. Pemberton. 

The following acts were announced as 
being properly enrolled and ready for ratifi- 


Marshall, of Christs 


|) cation: . 
»—* An act for the protection of sheep and 








~ 1881. 


' other domestic animals in the county of 
' Yancey, 


An act to amend clive tes 116 of the laws 


An act to perfect the organization of the 
Odell Manufacturing Company. 
An act to confirm a donation of land and 
right of way made by the town of Edenton 
to tlie Elizabeth City and Norfolk Railroad 
Company. 


An act to amend chapter 282 of the laws 


_ of 1881, entitled ‘‘An act to protect fish in 


Lumber river in the counties of Columbus 
and Robeson. 








An act to repeal an act to ae ‘Tackay 


segee river a. lawful fence. 


An act to amend section one, chapter 284, ; 


of the acts of the General Assembly of the 
session of 1881, 

An act to amend Section 5, chapter 258, 
laws of 1881. 

An act to prevent the felling of timber or 
brush in Spring Creek or any of its tributa- 
ries in Madison county. 

An act to protect the fish in the waters of 
Tlenderson county. 

Resolution of instruction to, our Senators 
and request to our representatives in Con- 
gress. 

INTRODUOTION. 

Bills and resolutions introduced as fol- 

mi 

r, Dotson, bill to prohibit the sale of 
spir fete liquors within one mile of Chapel 
Hill Church in Iredell county. 

a r. Womack, resolution in regard to join 
rules. 


Mr. Dortch, bill to punish the seduction, 


of women. 
mittee. 

Mr. batile, by request, bill to prevent 
officers of banks from serving on juries. 

referred to the judiciary committee. 

Mix. Pemberton, bill to punish the crime 
of lobbying. 

Mr. Black, bill to amend chapter 186, 
laws of 1879. 

Mr. Pemberton, by request of the State 
Board of Education, resolution in regard to 
the sale of swamp lands in Hyde, Tyrrell 
and Washington counties. 

wr. Haves, bill to incoiporate the Ruth- 
erford : ounty Railroad Construction Com- 
pany. Referred to the committee on inter- 
nal improvements. , 

Mr. Pinnix, bill to amend chapter 58 of 
the laws of 1881. Referred to the judiciary 
committee. 

By the same, bill to incorporate the Rich 
Knob Copper Company. Referred to the 
committee on corporaiions. 

Mr. Gray, bill to incorporate the town of 
Killquick, in Edgecombe county. 

wr. Ebbs, bill in regard to deadly 
weapons. 

Wr. Payne, billin regard to punishment 
for concealment of childbirth. 

CALENDAR. 

Bill to exempt from taxation farming im- 
plements and mechanical tools, was put 
upon its third reading. 

vr. Womack moved to table the bill. 

Mr. Speight, the introducer of the bill, 
called for the yeas and nays. His cali was 
not sustained. 

The motion to table did not prevail—i4 
to 13 votes. 

Pending its passage Mr. Watson said that 
as a Senator he had sworn to support the 
constitution, and that as this bill seemed to 
be unconstitutional, he could not support it, 


Referred to the judiciary com- 


tye 


e | 









“ 
Py 



















































as. Pe pieietusioned he was very 
to vote for it. 
“ir. Dortch said it was very clear to his 
ind that it was constitutional. 
‘Mr. Alexander said the finance commit- 
e, which, had reported unfavorably, had 
onsidered the bill carefully, and thought 
neonstitutional, but in order that the 
tier might be fully investigated, he 
oved to refer it to the judiciary commit- 
The motion prevailed. 
Bill to amend chapter 200, laws of 1879, 
pon second reading was referred to com- 
tee on education, the judiciary com— 
ttee having reported unfavorably. 
Bill to repeal the law in regard tothe sale 
> giving away of spirituous liquors within 
two miles of any political speaking was put 
_ upon its second reading. he report of the . 
it 'y committee recommended that the 
bill be so amended as to make it one mile, 
4 instead of two miles. 
Upon motion of Mr. Scott, of Rocking- | 
Pham, the bill was postponed antil next | 
“Tuesday at 12 o’clock and made a special | 
_ order for that hour. | 
_ Bill to repeal chapter 212, laws of 1879, 
‘was postponed unt.l next Tuesday. 
Bill to amend section 10, chapter 37, Bat- 
_ tle’s Revisal, in regard to alimony i in divorce 
f “cases, after being discussed at length by 
_itessrs. Payne, Scott of Rockingham, Pem- 
erton, Dortch, Watson and others, passed, 
and was ordered engrossed. 

Bill to repeal the law prohibiting the car- | 
tying of concealed weapons was ‘put upon 
its third readiug. 

r Mr. Scott, of ‘Rockingham, the introducer 
of the bill, thought it “ought to pass, and 
that the-citizens of New Hanover county 
especially needed it, as, many times, the 
country people i in traveling at night on their 
_ way to the city to sell the “products of their 
_ farms were robbed, and it would be a great 
Be septicn to them to be allowed to carry a 

p pistol or something of the kind. 

Mr. Mebane, colored, said that as the Sen- 
Ete had failed to pass his bill to make it an*® 
iadictable offense to sell pistols, bowie- 
_ knives, slung-shots, etc., he thought this 
| should pass, for it did not seem “vight to 
m for the State to legalize the sale of a 
and then make it me offence to 
yo it: 

Mr. Strayhorn—The State oe not pro- 
-hibit any person carrying a pistol or any 
apon ‘of the kind; the only prohibition 
carrying it concealed about his person, 
seems to me that the citizens referred 


10° 1 





e relief they want by carrying their 
or pistol with them. No tr rouble 





egular Session, 1883 


; lands in Hyde, Tyrrell and Washington “ 
| counties for consideration, but upon motion 


e Senator from New Hanover can _ 









ben to hang them up in their wagons 
be brought into requisition 
The law which prevents 
pons oncealed i is agood 

















eans of } liquors Ce ligeris¢- 





Bae 


saving many lives that would have been lost Pat 
at the hands of parties in the heat of es se 
sion. : 
On motion of Mr. Hill the bill was tableds | 
Bill to amend section 32, chapter 105, Bat- _ 
tle’s Revisal, upon motion of Mr. Hill, was - 
laid upon the table. 
Bill to provide further compensation fon) 
witnesses attending magistrates courts was 
taken up for consideration The ill allow- 
ed all witnesses attending magistrates 
courts one dollar per day. The judicianya® 
committee recommended an amendment — 
making it fifty cents per day, and only two | 
witnesses be allowed pay for every material — 
fact where magistrates had final j srisdie- — 
tion. The amendment of the committee 
was adopted. Upon motion of Mra 
Hill further consideration of the bill bi 
postponed. a. 
Bill to repeal chapter 368, laws of 1881, Aa 










| was indefinitely postponed. 


»r. Pemberton moved to take from the we 
calendar the bill introduced by himself — 
this morning in regard to the sale of swamp _ 


of Mr. Strayhorn it wasreferred to the com-— 
mittee on education. Pie 

Bill to amend chapter 20 of Battle’s Re- ry 
visal, relating to agricultural liens, was 
taken from the calendar, and after adopting — me 
the substitute sugge sted by the judiciary — 
committee, passed its second and third 4 
readings and was ordered engrossed. Ne 

Hill to make false listing of property a 
misdemeanor failed to pass on its secon 
reading. 

Bill touching injunction or ders passed its 
second and third readings and was ordered a 
enrolled. f 

Bill to establish a standard ‘weight for a are 














ing. " 
Bill to amend the laws of divoree was 
passed over informally. i 
Pill to amend chapter 217, laws of 1371, ys 
in regard to deeds and conveyances was, 
upon motion of Mr. Payne, placed upon the ~ 
table. 
Bill for the protection of mechanics ae 
laborers, upon motion of »r. Strayhorn, 
was made a special order for Thursday next 
‘at 12 o’clock. iy 
MESSAGES. ey 
A message was received from the House — 
of Representatives announcing the passage he 
of the following bills : im 
_ Bill to punish the forging of names to. 2 
petitions and other papers. cate 
Bill to extend the time of paying the : 
State taxes in the county of Dare. ey 
Bill to amend chapter 180, laws of 1981, 
to regulate fishing in Pamlico and Tar ee 
Bill to grant amnesty and pardon to cer- 
tain persons accused of retailing spirituo ae 






int 


FM ANS cat Ai tes 
. , pe ae 








































Bill to authorize the chairman of the 
finance committee of the several counties 


: Bill to relieve Carteret county of sections 
6 and 7, chapter 118 Battle’s Revisal. 

_ Engrossed amendment to Senate blll to 

amend chapter 31 of the laws of 1873~74, 

relating to the disposition of mortgaged 

ae rty. 

ua en motion of Mr. Purnell, the Senate 


_ adjourned to meet Monday at 11 o’clock. 


HOUSE OF REPRESENTATIVES. 
4) SarurDay, January 20, 1883. 
The House was called to order at 10 
o'clock by the Speaker. 
Prayer by the Rev. Dr. M. M. Marshall. 
The reading of the Journal was dispensed 
with and it stood approved. 
ai, PETITIONS. 
__ By Mr. Ray, petitions from the town of 
Webster against the repeal of the corpora- 
tion law. By “r. Cowell, a petition sus- 
taining the change of the name of the Eliza- 
beth City and Norfolk Railroad Company. 
_ By Mr. Overman, twenty-five petitions 
_ from citizens of Davie county asking that 
_ the stock law be not repealed. 
_ By Mr. Cain, petitions asking that the 
_ stock law be repealed. 
aS REPORTS OF COMMITTEES. 
_ Corporations—Reports by Messrs. Ray, 
and Peebles. 
_Engrossed bills—Report by Mr. Abbott. 
Propositions and Grievances—Report by 
_ Mr. McCotter. 
__ Finance—Reports by Messrs. Temple and 
ate. 
BiGeiary Reporte by Messss. VcLoud, 
eebles, Bunn, Holton and Strudwick. 
i, RESOLUTIONS. 
By Mr. Bennett: Resolved that.the com- 
‘mittee on agriculture be requested to in- 
uire whether the purposes for which the 
_ department of agriculture was established 
_ would not be better subserved by changing 
the organization of the board of agriculture 
so as to have the leading industries of our 
State represented on said board, and also 
whether or not the commissioner and -other 
_ members of said board ought not to be 
_ elected by the people, and report by bill or 
herwise. 
By Wr. Bailey, of Mecklenburg: Resolved 
the House of Representatives, the Sen- 
concurring, that the thanks of the Gen- 
_ eral Assembly are due and are hereby ten- 
dered to the Rev. Dr. J. L.¥. Curry for the 
_ able, eloquent and insttuctive discourse de- 
ivered by him in the House on yesterday. 
hat 1,700 copies of the same be published 
‘general distribution. : 


BILLS. 


The following bills were introduced, 
passed their first reading and were disposed 
follows - 


Fr wee 


ahe 


moe Bisby HUA 
eA Te AM) Raney ey 


Proceedings of the General ‘Assembly 


eee EEE 
SS 
Se Eee ee 


‘clerk of Perquimans co 


North Carolina, == 


Oy #) 
“ae ie 
Mr. Nixon, relative to the Superio: ‘Cour 
unty. Judici 
committee. ? ett | 

Mr. Gudger, relating to the duties 
magistrates and county treasurers. 
ciary committee. 

Mr. Tate, to provide for the 
of certain injuries to person an 
Judiciary committee. 

Mr. Harris, of Davidson, to provide for 
the repeal of the stock law by the qualified 
voters. Judiciary committee. . 

Mr. Bailey, of Vecklenburg, to protect 
innocent purchasers of personal property. 
Judiciary committee. . 

By the same, to incorporate ‘the co- 
operative Colonization Society in ‘Teuto- 
nia.” Committee on corporations. 

Mr. Ball, to prohibit the sale of liquor 
within two miles of Big Laurel Baptist 
church. Propositions and grievances. v 

By the same, to amend chapter 117, laws 
1881. Finance committee. ; 


Liph a 


Judi- 









property. k. 


“a 
R 
a 


7 


Mr. Bower, to repeal the law prohibiting 


fishing in Yadkin river, Caldwell county. 
Committee on fish interests. : 

Mr. Bridgers, to exempt ministers of the 
gospel from certain public duties. Judi- 
ciary committee. é 

On motion of Mr. Powers, of Cleaveland, 
the rules were suspended and the following 
bill passed its third reading; to authorize 
B. F. Logan, ex-Sheriff of Cleaveland 
county, to collect arrears of taxes. 

On motion of Mr. Dixon, the same course 
was taken with the bill changing the dis- 
tance of the operation of the prohibition 
law from three to within one mile of Eden 
Church in Greene county. 

Mr. Standford moved that the rules be 
suspended and the bill to prevent the 
running at large of stock in the counties of 
Lenoir and Greene be put on its second 
reading, which was adopted. 

Some little discussion was participated in 
by Messrs. Standford, ledsoe, Powers, of 
Cumberland; Holt, Powers, of Cleaveland; 
*McLoud, Robins, and Harris, of Wake. 

Mr. Wilcox moved to amend by “‘sub- 
mitting to the people of said counties within 
thirty days,” which was adopted. 

Upon the vote on the amendment : 

Mr.-Bailey, of Mecklenburg, - said ‘in ex- 
planation ofthis‘ vote that the amendment 
was clearly unconstitutional as it provides 
not for submitting it to the qualified voters, 
-but.to the people, thereby embracing 


women and_minors who_are not entitled, as 


yet, to vote. 


Mr.{Green, of Franklin,, in {explanation . 


of his vote, said that the question of a ‘‘no 
fence” law was a-matter of discusion in-his 


county-in the last campaiga—that he, had — 


stated that he should not favor a general — 
law; for the State or the county of Franklin, 
but if a majority of the people of @ county 











or township desired the law they should be 
allowed tohave it. While in this particular 
instance and all othets, he would not force 
upon any county or township this law, 
- contrary to their will and would desire in 
all such cases that their will should.be clear- 
ly expressed, yet the representatives of 
_ the counties interested in this bill, having 
stated upon this floor that the question of a 
‘no fence law” was fully discussed in the 
last canvass, and that a petition asking for 
the passage of this bill, signed by nine 
tenths of the property holders and a major- 
ity of the voters,,of both political parties 
was now before this House and for the 
reason that the adoption of this amendment 
would defeat the bill, he should vote no. 
Messrs. Leazer, Tomlin, Robins, King 
and Overman stated substantially the same 
as Mr. Green, of Franklin, and voted no. 
Mr. Wilcox stated in explanation of his 
vote that he was not in favor of passing 
stock laws by the Legislature unless sub- 
mitted to a vote of the people, and that he 
regretted very much to oppose any measure 
of the gentleman from Duplin, and would 
not if he did not think this arbitrary legis- 
lation a bad precedent. 
The bill as amended passed its second 
reading. / 





Gon Se ae 


ae oats ae 


CALENDAR. 
The calendar was then taken up and dis- 
posed of as follows : 
To prevent embezzlement by attorneys. 
Mr. Bailey, of Mecklenburg, moved that 
it be made the special order.for Tuesday 
next at 11 o’clock, which was adopted. 
Bill concertliing appealable orders, passed 
its third reading. 
Mr. Powers, of Cumberland, moved to 
' suspend the rules, and put upon its third 
reading, the billto prevent the running at 
large of live stock in the counties of Lenoir 
and Greene. The motion did not prevail. 
Resolution in favor of §. C. W. Tate. 
' Tabled. 
Resolution to pay J. T. Morriss $30 for 
chairs, passed its third reading. 
Resolution to facilitate business before 
the General Assembly. Tabled. 
To prohibit the working of female con- 
victs on certain public works. Tabled. 
Substitute for a bill to amend the law 
concerning notices of ‘‘lis pendens” passed 
its third reading. 
To afford greater redress for seduction. 
Tabled. 
To authorize the granting of injunction 
orders and certain State warrants by tele- 
gram. Recommitted. 
. To establish Roanoke township in Hali- 
_ fax county. Informally passed over. 
i To compel the Carolina Central Railroad 
company to draw off stagnant water ponded 
' in Richmond county. Third reading. 
To amend the law relative to official ad- 
_ vertising. Recommitted. ° 
pt Sila fe 


ST 


ee ee 


ae 


> 


OF OT Se a. eo ae ae ae 


AF top 5 


=a 


a) ee, 


we 







At its Regular Session, 1883. 








55 


To amend chapter 128, laws of 1873-4. 
Third reading. 

To amend chapter 234, laws of 1881. 
Third reading. 

To incorporate the Weeping Mary Burial 
Society. Third reading. 

MESSAGE. 

A message was®received from the Senate 
informing the House that the Senate had 
passed the following bills. 

For the relief of the sheriffs of the State. 
On motion the rules were suspended and 
this bill passed its second reading and was 
referred. 

Toincorporate the Bank of Goldsboro. 
Banks and currency. 

Leave of absence was granted to Mr. 
Powers, of Cleaveland, on account of death 
in his family. Leave was also granted to 
Messrs Bullock and Poe, and to the princi- 
pal doorkeeper, Mr. Julian, until Tuesday 
next. 

OALENDAR (resumed. ) 

To disqualify certain persons from givin 
evidence touching judgments rendered an 
bonds executed prior to August 1, 1868. 

Pending the consideration of this bill the 
hour for adjournment arrived, and the 
House adjourned. 


SENATE. 
SEVENTEENTH DAY. 
Monpay, January 22. 

The Senate was called to order at 11 
o’clock by President Robinson. 

The reading of the journal of Saturday 
was omitted. 

PETITIONS AND MEMORIALS, 

Mr. Alexander presented a memorial from 
the board of commerce of the city of Char- 
lotte, asking the formation of a railroad 
commission. The memorial was referred — 
to the committee on railroad commission. 

Mr. Pemberton, a petition from citizens 
of Stanly county, asking the General As— 
sembly not to pass a stock law for Stanly 
county. Referred to the committee on pro- 
positions and grievances. 

Mr. Loftin, petition of citizens of Lenoir, 
asking that the General Assembly do not 
pass a stock law for that county. Referred 
to the committee on propositions and griey- 
ances. 

By the same, a petition from citizens of 
Bladen. county, asking that a prohibitory 
liquor law be passed, so as to prevent the 
sale of liquor in two miles of Sandy Grove 
and Scott Springs churches. 

REPORTS. 

The following committees madé reports : 

Propositions and grievances by Mr. Wo- 
mack. 

Insane Asylum by Messrs. Ramsay and 
Boykin. 

Finance by Mr. Linney. 

Internal improvements by Messrs. King, 














* 


"was put upon its second{reading. 


February, and that as this institution needed 


‘institution was ready for their reception, 
- one hundred patients from the asylum at 


Asylum their discretion in taking any num- 


56 


of Cherokee, Watson and Scott, of Rock- 


ingham. 
BILLS INTRODUCED. 

Mr. Battle, bill to amend’ chapter 141, 
laws of 1876-77, concerning duties of jus- 
tices of the peace. Judiciary committee. 

Mr. Watson, bill to valididate certain 
deeds. Judiciary committee. ‘ 

By the same, ‘bill to amend chapter 50, 
laws of 1876-77. Placed on calendar. 

‘7. Mebanié, to repeal’section 1, chapter 
232, laws of 1879, so far as it relates to the 
county of Bertie. 

Mr. Purnell, to make bonds issued by the 
State or any municipal corporation redeem- 
able after five years. 

Mr. Watson, concerning the election of 
Congressmen at large. Placed upon the 
calendar. ‘ 

Mr. Pinnix, to reduce the number of jury- 
men in an allotment of a dower. Referred 
to judiciary committee. 

Mr. Evans, to protect crops in Caswell | 
county. 

CALENDAR. 

Upon motion of Mr. Womack, House | 
resolution in regard to the Hawaiian treaty 
was referred to the judiciary committee. | 

Bill to appropriate and set apart certain | 
‘funds for the Western Insane Asylum was 
put upon its second reading. 

Mr. Boykin explained that there was a 
balance in the treasury of the Insane Asy- 
jum funds of*sonitthing over $6,200, and 
according to law the Western Asylum 
would be opened for patients on the first of 


more funds to furnish it properly,and as 
the bill provided for that want, he was in 
favor of the passage of the bill. The bill 
passed its several readings. 

Bill to amend chapter 297, laws of 1881, 


Mr. Ramsay explained that the law_now 
in force requires the directors of the West- 
ern Insane Asylum to take, as soon as that 


Raleigh, and that the object of the present 
pill was to give the directors of the Western 


ber over fifty, for he said there were so 
many patients now in the jails of the west- 
erm counties that he did not think there 
would be capacity for accommodating as 
many as one hundred from Raleigh just at 
this time. The bill was discussed by sev= 
eral Senators and finally passed over in- 
formally. ‘ 

Bill to amend section 50, chapter 275, 
laws of 1876-77, concerning the filling of 
vacancies in Congressional representation. 

Mr. Watson explained that in the case of 
the death of Hon. J. W. Shackelford the 
{ime intervening before the expiration of 


P,uceedings of the General Assembly of North Carolinas, me 





his term was so short that it would not jus- 
tify holding an election to fill the vacancy, 






and that this bill authorized the Governor — 
to not call an election in, this case andin all — 
similar cases within sixty days of the expi- 
ration of the term. : 

Mr. Pinnix thought that the bill should 
only apply to the present case and that an- 
other bill should be introduced to meet the 


exigencies of the future, and introduced an’ — 


amendment to that effect, which was 
adopted. 

Pending its passage on the second read- 
ing, Mr. Boykin introduced a substitute 
with an appropriate preamble, and said that 
in this case, if the Governor issued his writ 
of election to-day for a new election to be — 
held in the third distriet,to fill the vacancy, 
that, according to the present election ma- 
chinery, it would be thirty days before a 
successor to Mr. Shackelford could 
be elected, and then one week be- 
fore the canvassing board could declare 
the result—thus the party elected woul@ 
not reach Washington in time enough to 
hold his seat but three or four days, as the 
term would expire on the 4th of March, 
1883, and inasmuch as this bill would pre- _ 
vent the people of the Third district from 
having an exciting election and save the 
State much expense and all to no purpose, 
he was in favor of its passage at once to re- 
lieve the Governor from issuing his procla- 
mation. His substitute was adopted and 
passed its several readings, and at his sag- 
gestion it was transmitted ‘to the House of 
Representatives without engrossment. 

Bill to incorporate Red Knob Copper 
Company passed its second apd third read- 
ings and was ordered engrossed. 

Bill to pay witnesses in criminal actions 
before justices of the peace was put upon 
its third reading. The amendment from. 
judiciary committee making the pay fifty 
cents was adopted. | 

Mr. Linney opposed the bill, but finally 
sentin an amendment providing that no 
prosecutor shall be compelled to pay costs 
unless the justice who tried the cause shall 
find that the prosecution was malicious 
and frivolous. 

Mr. Mclean opposed the amend- 
ment, stating that the amendment would 
destroy: in a great measure the usefulness 
of the bill, fur the case might be frivolous 
and not be malicious, or vice versa, and 
that the amendment, if adopted at all, 
should read ‘‘or? instead of ‘‘and.” The 
amendment was adopted as sent forward. 
After being discussed by ¥* essrs. Linney, 
Watson, Womack, McLean and Morehead 
it passed under roll call, 29 to 7, as follows: 

Ayrs—Messrs. Alexander, Battle, Boykin, 
Costner, Dortch, Dotson, Eaves, Goodwyn, © 
Graham, Hampton, Jones, King of Chero- 
kee, Linney, Loftin, Lovill, Lyon, Morri- 
son, Neill, Payne, Pemberton, Pinnix, Pur- 
nell, Ramsay, Richardson. Speight, Stray- 
horn, Watson, Whitford, Womack—29. 


iby Woe on 















Nays—“essrs. Ebbs, Evans, Gray, Me- 
Lean, Mebane, Morehead, Scott of Rock- 
ingham—7. « 

ouse bill to amend chapter 45, laws of 
- 1879, was informally passed over. 

Bill to make dogs the subject of larceny 
was put upon its third reading. 

Mr. Mebane sent forward an amendment 
providing that the provisions of the act do 
not apply to Bertie and Northampton 
counties, which was rejected. ‘ 

Mr. Scott, of Rockingham, sent forward 
an amendment providing for the listing of 
all dogs as property. 

Mr. Pinnix thought that if this amend- 
ment was adopted there would be « gen- 
eral howl all over the State. 

_ Mr. Ebbs said that if the amendment was 

_ adopted there would be more than dogs that 
would howl throughout the State, and that 
if the Senator from Rockingham was from 
his district the place that knows him now 
would know him no more forever. 

Mr. Scott, of Rockingham, said, accord- 
ing to the statements of other Senators, it 
was popularity with the people that tney 
were seeking, and that if the Senators 
would drop such notions and do what they 
believed to be right and for the good of the 
State at large, it would be much better for 
the people and the State. He thought that 
if dogs were to be made the subject of lai- 
ceny it was nothing but right that they 
suould Ve listed as property. 

Mr. Watson said that he had long heard 
of the great trans-montane region and es- 
pecially the section from which the Senator 
from yYadison came, and had always done 
all in his power to help develop the re- 
sources of that section by aiding in its rail- 
road enterprises and le was yct willing to 
do what he could in that way, but it seemed 
strange to him now, as_to the industries of 
that section, for he had always heard that 
the rich hillsides and the fertile plains were 
all dotted with herds of sheep feeding upon 


seemed now from the speech of the Senator 
from ~ adison that he was mistaken and 
.that the whole country was covered with 
dogs and that they roamed at large and sub- 
sisted upon the fruit of the persimmon 
» trees. 

Mr. McLean moved to table the whole 
matter. 

Mr. Pemberton called for the ayes and 
nays; the call was sustained and the vote 
stood as follows : 

Ayes—Berry, Eaves, Goodwyn, Graham, 
Gray, Hampton, Linney, Loftin, Lyon, 
McLean, Morrison, Neill, Pemberton, Pinnix, 
Ramsay, Richardson, Speight, Strayhorn, 
Womack.—19. 

Nays—Alexander, Battle, Black, Costner, 
Dortch, Dotson, Evans, Lovill, Mebane, 
_ Morehead, Payne, Scott, of Rockingham, 

i hitford.—15. 





Aas ia hie ties 


ee ae NY Oey Oe WEY aren 
& Cea 1p.) FN 
AURA ; aie 


At its Regular Session, 1883. 


the luxuriant and waving grasses, but it , 





57 


Leave of absence was granted the ser- 
geant-at-arms for one day. 

Mr. Dortch offered a resolution appoint- 
ing 10 o’clock as the hour for the Senate to 
meet every morning. 

Mr. Watson said that the greater part of 
the work of the session was now before the 
committees, and as there was so much im- 
portant business for them to transact every 
afternoon, night and morning, that it would 
be better that the hour remain as it is for 
awhile yet. The resolution was rejected. 

The Senate adjourned to meet at 11 
o’clock. 


HOUSE OF REPRESENTATIVES. 
Monpay, January 22, 1883. ~ 

At 10 o’clock Speaker Rose called the 
House to order. 

The journal of Saturday was read and ap- 
proved. 

PETITIONS. 

By Mr. Overman, petitions from citizens 
of Davie county, asking that certain local 
prohibitory laws be not repealed. 

ry Mr. Leazar, petitions from citizens of 
Mocksville, asking that the local prohibition 
law be not repealed. 

By Mr. Bailey, of Mecklenburg, petition 
asking the appointment of justices of the 
peace. Petition of the Chamber of Com- 
merce of Charlotte, relative to the railroad 
commission. 

By Mr. Holton, petitions asking the re- 
peal of the.stock law in Yadkin county. 

By Mr.-Tate, petitions asking the ap- 
pointment of justices of the peace. 

By Mr. Dixon, petition relative to the 
stock law in Greene and Lenoir counties. 

By Mr. Powers, of Cumberland, petition 
asking that the sale of liquor be prohibited 
within three miles of Mount Misery in 
Cedar Creek township. 

By 'r. Anderson, petition to refund 
money to J. R. Lindsay paid for land 
covered by older grants. 

RESOLUTIONS. 

By Mr. Standford, resolution instructing 
the committee on the code to prepare a bill 
to carry into effect that part of the Govern- 
or’s message relating to the form of bills of 
indictment. 

By Mr. Anderson, resolution in favor of 
J. R. Lindsay. 

BILLS. 

The following bills were introduced, 
passed their first reading and were re- 
ferred. 

By Mr. Bailey, of Mecklenburg, touching 
the signing of orders and judgments. 

To amend sec. 369, of the original Code 
of Civil Procedure. y 

To amend the law making the killing of 
live stock by cars indictable. 

By Mr. McAlister, to incorporate St. 


John’s Agricultural and Yechanical Asso ~ 


ciation of Cabarrus county. 


ity po 


By “1. Peebles, to repeal sec. 
240, laws of 1874-75. 

By vir. Holt, to extend the time to re- 
deem land sold for taxes. 


3, chap. 





OALENDAR. 

The following bills were taken up on 
) their second reading and disposed of as fol- 
it lows : j an } 
lyn An act to disqualify certain persons from 


: ' giving evidence on judgments rendered and 
contracts and bonds executed prior to Au- 
i gust Ist, 1868, beiag the unfinished busi 
ness of Saturday, was taken up, and after 
being discussed by ‘'essrs. Robins, Phil 
lips, “cLoud, ‘unn, Bailey of Mecklen- 
burg, and Holton, passed ifs third reading. 
To amend chapter (260, laws of 1876-77. 
Passed its third reading. 

To incorporate Fayetteville Lodge, No. 1. 
Ancient Knights. Passed its third reading. 

To incorporate the Narrows: Island Club. 
Passed its second reading and was then 
( passed over,informally. 

3 To repeal the law incorporating the town 
of Webster. ‘Fabled. 
fh To.change the time of holding State elec- 
tions to the first Thursday in August. 
Tabled. 
For the protection of crops in certain lo- 
ealities. Referred. 
» To restore burnt records and lost wills in 
Cabarrus county.. Passed its third reading. 

To amend chapter 183, laws 1879. Tabled. 

To establish Roanoke township, in Hali- 
fax county. luformally passed over. 

To change the county line hetween the 
counties of Haywoodfand Jackson. Tabled. 

To amend chapter 25 of Battle’s Revisal. 
Tabled. 

To amend an act making the killing of 
live stock by the cars indictable, passed its 
third reading. 

To attach a portion of Craven county to 
Carteret, was informally passed over. 

To amend chapter 15, laws 1880, passed 
third reading. 

To establish twelve judicial districis in 
the State of North Carolina. 

Mr. Ray moved to make it the special 
order for Thursday at 11 o’clock. 





a ag 





the ayes and nays. The call was sustained 
and the vote was as follows: 
Ayzus—Messrs. Anderson, Baker, Ball, 
Parrett, Bennett, i-ledsoe, Bradley, Bridg- 
ers, Bruce, Bryan, Byrd, Cain, Chandler, 
’ Cheek, Dixon, Eaton, Frazier, Fulton, Gris- 
sett, Gudger, Hamilton, Harris, of David- 
‘son, Hayes, of Robeson, Hayes, of Swain, 
- Henderson, Johnson,eof Craven; Landreth, 
- Leary, Lineback, McCurry, Mitchell, 
- Newby, Newell, Patrick, Person, Pitman, 
Pruitt, Reade, of Person, Robins, Sandi- 
fer, Smith, Speller, Steed, Stokes, String- 
field, Sutton, Turver, Waddell, Walker, 
Wilcox—s0. 
Nays—Messrs. Abbott, Bailey f Meck- 










58 Proce dings of the General Assembly of No-th Carolina, y Sieh 


Mr. Wilcox moved to table and called for | 





















lenburg, Bower, Brown, Fo 
Green, of Franklin, Hardy, Harris, of 
Wake, Holt, Holton, Houstom, King, Law- 
rence, Leazar, Lenoir, McAllister, WeCotter, 
McLoud, Marsh, » atheson, Nixon, Over- 
man, Peebles, Philips, Posey, Powers, o 
Cumberland, Ray, Reid, of Gaston, Rey- 
nolds, Riggs, Simmons, Stanford, Strud-— 
wick, Tate, Thompson, Tomlins, Williams 
of Samnson, Wood—39, ; 

»r. Ray in explanation of his vote said: 

‘Tam opposed to this bill and shall vote — 
against it on its passage, but for the pur- ~ 
pose of having the matter freely discussed, 

I vote no, on the motion to table. 

Messrs. Bower, Forbié, and Harris, of 
Wake, in explanation of their votes stated 
in effect the same thing.” 

Mr. Patrick moved to reconsider the vote 
just taken, which tabled the bill last before 
the House. 

On that motion Mr. Wileox called for 
the ayes and nays, and the call was sus- 
tained. i 

The ballot was as follows: 

Ayvus.—Messrs. Abbott, Bailey, of Meck-_ 
lenburg, Barrett, Baum, Bower, + ridgers, 
Brown, Bruce, Bunn, Byrd, Forbis, Fulton, 
Green, of Franklin, Hardy, Harris, of 
Wake, Holt, Holton, Houston, King, Law- 


rence, Leazar, Lenoir, * ¢ \lister, MeCot- 
ter, cCurry, cLoud, Marsh, atheson, 


Overman, Patrick, Pcebles, Phillips, Posey, 
Powers, of Cumberland, Ray, Reid, of Gas- 
ton, Reynolds, Riggs, Simmons, Stanford, 
Strudwick, Tate, Thompson, Tomiins, Tur- 


ner, Wood.—48. Nays.—Messrs. Ander- 
son, Bennett, Bledsoe, Bradley, Bryan, 
Cain, Candler, Cheek, Frazier, Grissett, 


Gudger, Hamilton, Harris, of Davidson, 
Hayes,.of Robeson, Hayes, of Swain, Hen 
derson, Landreth, Leary, Liles, Lineback, 
Mitchell, Newby, Newell, Person, Reade, of 
Person, Robins, Sandifer, Speller, Steed, 
Stokes, Stringfield, Sutton, Temple, Wad- 


dell, Walker, Wilcox.—87. 


r. Bledsoe raised the point that it took 
a two-thirds vote to reconsider a vote fo 
lay on the table, and was decided out of or- 
der. . 
r. Ray’s motion, making the bill the 
special order for 11 o’clock Thursday, was ® 
then adopted. 

To amend the mechanics’ lien law, -afor- 
mally passed over. 

To regulate the sale of liquor, in North- 
ampton county, passed its third reading. 

To amend the law allowing the bank of 
Greensboro to wind up its business, passed 
its third reading. 

To amend chap. 292, laws of 1881, ta- 
bied. 

To change the line between Liberty and 
Forbish townships, in Yadkin county. 
Passed its third reading. : 

T repeal all laws prohibiting fishing in 
Ya. .n river, im Caldwell county. ‘Passed — 










if f 
its third reading. 
To repeal chapter 255, laws 1874-75. 
_ Tabled. 
Te protect game and birds in Granville 
county. Informally passed over. 
i To authorize the commissioners of Moore 
- county to levy a special tax. Passéd its 
third reading and ordered to be enrolled. 
To repeal the local prohibition law in 
Germantown. Informally passed over. 
To amend section 26, chapter 116, laws 
_ 1881. Passed its third reading and ordered 
to be enrolled. 
To repeal chapter 344, laws 1881. Passed 
its third reading and ordered to be enrolled. 
Senate resolution to raise a joint commit- 
tee on fish interests. Concurred in. 


_ Passed its.second reading. 

: To proteet sheep and other domestic 
animals in the county of *adison. In- 
definitely postponed. 

Resolution of thanks to Rev. Dr J. L. ¥. 
Currie. . Adopted. 

MESSAGES. 

A message was received from the Senate 
informing the *ouse that the Senate had 
passed the following bills: 

Resolutions requesting our members of 
Congress to have the money collected from 
citizens of this State by district taxation in 
1865, returned. 

To make the February and August terms 
of Wake Superior Court for the trial of 
civil cases exclusively. 

For the better drainage of certain land in 
Davidson county. * 

To imcorporate the Southern Oil Com- 
pany. 

Concerning the vacancy in the Third 
Congressional district. 

OALENDAR—RESUMED. 

Bill concerning vacancy in the third Con- 
gressional district. Passed its third reading. 

Resolution in favor of Confederate sol- 
diers who lost limbs, &c., in the late war. 
Informally passed over. 

Leave of absence was granted to Mr. Pit- 
man. 

On motion of Mr. Ray the House ad- 
journed. 





SENATE, 





7. RIGHTEENTH DAY. 

aa Turspay, January 23. 
The Senate was called to order at 11 

o'clock by President Robinson. 

i Prayer by Rev. BE. A. Yates, of the Meth- 
; odist church. 
4 The reading of the journal of yesterday 
was omitted. 
i __- PETITIONS. 
Mr. Evans presented a petition from the 


_ peal of the license tax.” Referred to the 
_ committee on finance. 


eee 
f 


VN AT 






To incorporate the town of Germantown. - 


citizens of Caswell county, asking the re- 


At tts Regular Session, 1883 





59 


Mr. Battle, petition of citizens of Enfield 
township, in Halifax county, in regard to 
the appointment of magistrates in that 
township. Referred to the committee on 
justices of the peace. 

Mr. Hampton, petition of citizens of Deep 
Creek township, in Yadkin county, ask#ae 
for the appointment of W. H. Brannon as a 
justice of the peace for said township. Re- 
ferred to the committee on justices of the 
peace. 

“Mr. Ebbs, petition from citizens of Madi- 
ison county, in regard to the sale of liquor 
in certain sections of said county. 

REPORTS. 

The following committees made reports: 

Propositions and grievances, by Messrs. 
Womack, Costner, Cozart, Berry, Speight, 
Battle. 

Hngrossed bills, by Mr. Farmer as fol- 
lows: 

Billto provide proper compensation for 
witnesses attending justices’ courts. 


Bill to incorporate the Rich Knob Cop-. 


per Company. 

Bill toamend section 20, chapter 65, Bat- 
tle’s Revisal, relating to enforcement of 
agricultural liens. 

Bill to amend section 88, chapter 193, of 
Jaws of 1871-72, concerning alimony. 


Enrolled bills, by Mr. Pemberton as fol-_ 


lows, which 
dent : 

An act to authorize the President of the 
Senate and the Speaker of the House of 
Representatives to administer oaths in cer- 
tain cases. 

Act to repeal the local prohibition laws 
of the town of Hendersonville, in Hender- 
son county. 


were signed by the Presi- 


Act for the relief of the administrator. 


of the estate of A. McCallum, deceased, 
late sheriff of Columbus county. . 

Act to amend section1, chapter 3, of the 
private laws of 1876-77. 

Act to amend an act entitled an act to 
amend chapter twenty.seven, section 16, 
Battle’s Revisal, being chapter 318 of the 
public laws of 1881. 

Act to repeal chapter 62, private laws of 
1881, entitled an act to amend the charter 
of the town of Plymouth, Washington 
county. 

Act to amend chapter 234 of the laws of 
1881. 

Act to levy a special tax for the county of 
Jones. 

Act to amend chapter 173, laws of 1881. 

MESSAGES. 

An act to authorize the registration of 
the bonds of this State and to provide the 
means therefor, and for other purposes. 

Act to incorporate the coast turnpike 
company. 

Act to repeal chapter 147, of the laws of 
1881, and to regulate pilotage. 

An act to incorporate Newton cotton 










































C 


mills in Catawba county. 

Messages were received from the House 
‘announcing the passage of the following 
pills: 

Bill to amend an act to make the killing 
of live stock by the cars and engines run- 
ning on railroads in this State indictable. 

ill to repeal the laws prohibiting fishing 
in the Yadkin river in Caldwell county. 
Bill to restore the burnt records and wills 
in Cabarrus county. 

Bill to amend an act to allow the Bank 
of Greensboro time to wind up its business. 
Bill to amend chapter 260 of the laws of 

> 1876-77. 

Bill to amend chapter 18, of the laws of 
- the special session of 1880. 
Bins AND RESOLUTIONS 
were introduced as follows : 
Mr. Linney, bill to amend section 2, arti- 
ele 9, of the constitution in regard to the 
distribution of money collected for school 
purposes, allowing the school tax money 
paid by the white race to go towards pay- 
ing for the education of white children, and 
taxes paid by the colored race to go towards 
the education of children of their race. 
Referred to judiciary committce. 
- The following bill was introduced by Mr. 
Ebbs: 
AN AOT MAKING IT PROFITABLE TO THE STATE 
AND RESPECTABLE FOR PARTIES TO ENGAGE 
IN THE SALE OF PISTOLS AND OTHER DEADLY 
WEAPONS. 
_ The General Assembly of North 
- do enact: 
Srorion 1. That every merchant, jeweler, 
grocer, druggist and every other dealer 
_ who shall buy or sell goods, wares and mer- 
chandise of any kind whatever in the 
‘State, who shall sell, or offer,or keep for 
sale, or shall give, or offer to give by any 
hift or suberfuge any revolver, toy pistol 
or any deadly weapon, the carrying and 
concealing of which is unlawful, shall pay 
to the State a license tax of two hundred 
nd fifty dollars annually. 
 §$xo. 2. That any such dealer who shall 
_ sell or offer for sale, or give or offer to give 
by any shift or subterfuge, any such weap- 
ons or instruments without paying the said 
Jicense tax as provided by law, shall be 
guilty of a misdemeanor, and upon convic- 
‘tion of the same be fined and punished in 
the discretion of the court. 
 $Sso. 3. That all laws and clauses of laws 
in conflict with the provisions of this act be 
and the same are hereby repealed. 
Src. 4. That this aet shall be in force 
rom and after its ratification. 
Mr. Ebbs, bill in regard to the sale of 
quor in certain localities in Madison 
ounty. ) 
Mr. McLean, to amend and consolidate 
- the acts incorporating the town of Lumber- 
ton. Referred to the committee on cor- 





ne 


arolina 


I I ee os OD) a ee Oe aah 
q f Mia e hy ee, are if : 


0 Proceedings of the General Assembly of 








d Ws i a a 









WoW as ax 
ce 
é 


North Carolin 


BY AAD im, 

Mr. Evans, bill to authorize the treas- 
urer of Caswell county to pay certain 
claims. 


Referred to the finance commit- 
tee. 


Mr. Loftin, bill to repeal the license tax — 
on liquor dealers. Referred tothe commit-_ 
tee on propositions and grievances. 

By the same, bill to amend chapter 116, — 
laws of 1881. 

OALENDAR, 

The resolution introduced by Mr. Dortch 
yesterday requiring the Senate to meet at 
10 o’clock a. m., instead of 11 o’clock, was 
read and adopted. 

House bill to pay L. ©. Hartin $50 for 
teaching school in Wilkes county, passed 
its third reading and was ordered enrolled. 

Billin regard to cotton weighers in En- 
field and Weldon, Halifax county, was 
amended and passed. ) 

Bill in regard to sale of liquor on Sunday 
was taken from the calendar for considera- 
tion. 

wr. Womack said as the law now stands 
liquor dealers were not allowed fo sell on 
Sunday, and that the object of the present 
bill was to prevent the giving away of 
liquor on Sunday. ; 

r. Morehead favored the bill and said 
he thought it would do a great deal of 
good in the way of preventing the subterfuge 
of giving away liquor on Sunday, for it was 
avery easy matter now for the barkeeper 
to give drinks on Sunday and to step 
around Monday and get pay for them. This 
bill would have the effect of keeping the 
bar-rooms entirely closed on Sunday, as 
they should be, and it ought to pass. 

+r. Loftin moved to table the bill. 4 

Mr. Morehead called for the ayes and 
nays; the call was sustained, and the mo- 
tion to table was lost by 27 to 15 votes. 

Upon‘motion of r. Watson, the bill was 
referred to the judiciary committee. 

bill to restore to attorneys-at-law their 
fees in civil cases, the special order for 12 
o’clock, was put upon its third reading. 

vr. s orehead offered a substitute, which 
in etfect accomplished the same, but was 
worded differently. ; 

Mr. Loftin said he hoped the substitute 
would pass. He had heard only one reason 
advanced against itand that was that it 
would hurt the Democrat party; if this was 
the only objection that could be brought 
against it that it certainly should pass. 

wr. Strayhorn argued that ‘t would afford 
considerable relief to the judiciary and 
for that reason, if nothing else, he would 
favor it. 

Mr. Watson favored it. y 

Mr. King, of Cherokee, could see no just 
reasons why it should pass and opposed it. 

Mr. Battle opposed it because he thought 
it was wrong. ! 

Mr. Pinnix said he was in favor of th 


bill from principle. In all cases w bw 
i ; raat Aa y 





















































went to law one was in fault and he 
d it to be right that the one in fault 
d pay the cost. If one man unjustly 
¢ his neighbor into court he should 
ought to pay for the trouble he gives 
neighbor. Tifis, he thought, was the 
st of the whole matter in a nutshell, 

‘Mr. ‘orehead argued that this bill if 
sed would have a tendency to keep 
small cases from the Superior and 
eme courts and stop them where they 
d stop, for many cases are carried to 
upreme Court merely to get an exten- 
m of time; and that many of these cases 
carried there to freeze off the poor peo- 
who are not able to employ lawyers to 
ar for them there. If this billis passed 
poor man will have a chance before the 
reme Court to what he has now, for 
en there would always be some resident 
yer here who would argue the case be- 
re the Supreme Court and take his 
ances to get the fee of fifteen dollars. 

r. Pemberton said: He had. not in- 
nded to have a word to say upon this 
ibject. Would favor the passage of the 
on entirely different grounds from any 
presented to the Senate by the friends of 
bill. It is not often that our forefathers 


om. Youdo not hear a man say our fore- 
ithers were fools, and they put this law 
pou our statute books, and its sole object 
as to indemnify parties who were com- 
led to sue in the couris of the country 
a redress of their grievances. The ten- 
mey of legislation of late years has been 
) discourage the payment of honest debts, 
verything for the debtor class, noth ng for 
he creditor class. This incourages dis- 


honesty and caused neighbors to lose 
oniidence in each other. -At least 
of the cases in our 


ht-tenths 
ourts were on plain bonds ‘or notes of 
nd, and when a man was compelled to 
on such a cause he ought to have all 
money and be indemnified in his costs. 
tis for the benefit of this class of citizens 

{ this law ought to be enacted. 
ry. Battle moved to table the bill. 
orehead called for the ayes and 


call was sustained and the motion 
table did uot Drevate ay to 23 votes. 


assed its third reading and was ordered 
grossed. 
Beaty, concerning Big Hala iets in Bla- 


otion of Mr. Morehead was postponed. 
11 to. amend section 20, chapter 200, 
of on nee motion of Mr. Morehead 


laws of 1876- 
assed its sec- 





Bn to amend the law of divorce, upon 


At its Regular Session, 1883. 


; and was ordered engrossed. 2 








rl 


ond and third reading, and was ordered to 
be engrossed. 

Bill to fix the time of punishment accord- 
ing to value of property stolen, was upon 
ee of sr. Costner, placed upon the ta- 
ble. 

House bill to amend section 3, chapter - 
84, laws of 1879, was put upon its second 
reading. ih 

Mr. Boykin explained that the effectof 
this bill was to aid in draining Muddy = 
ereek, in McDowell county, and that it was ‘ig 
purely a local matter. 

The bill passed its second and third read- 
ings, and was ordered to be engrossed. 

House bill concerning the report of the 
Supreme Court, upon motion of s!r. Loftin, 
was placed upon the table. ey) 

Bill in regard to the dividing line between e 
Craven and Carteret counties was inform- 
ally passed over. 

House bill to amend chapter 63 of Fat- 
tle’s Revisal, was upon motion of 4!r. Pur- 
nell placed upon the table. 

-ill to ascertain and establish the divid- 
ing line between Harnett and Johnson 
counties was informally passed over. 

Bill to authorize the Auditor of the State — 


Thee oe 








1 to draw all warrants for the payment of 
e been justly accused of a want of wis- | 


money, passed its second and third reading 


Hfouse bill to incorporate the Brown 
Mountain ining and + anufacturing Com- 
pany, after being amended passed ‘its sec- 
ond and third readings and the amendment 
was ordered engrossed and sent to the 
House for concurrence. 

Bill for the relief of the sureties of K. H. . 
Winstead, late sheriff of Wilson county 
was, at the suggestion of 1 r Farmer, posi- 
poned until to-morrow. 

: ill to amend chapter 15, laws of 1880 
was, upon motion of Mr. Boykin, recom- 
mitted to the judiciary committee. 

Bill in relation to Granville county was, 
upon motion of Mr. Cozart, passed over in- _ 
formally. ¥ eg 

Bill to amend chapter 173, laws of 1881, 
passed its second and third readings. 

Bill to establish the dividing line between i 
Northampton and Warren counties passed ; 
and ordered engrossed. ' 

Bill in regard to the repeal of the cor- 
porate powers of the town of ebanesville, 
upon motion of sr. Strayhorn was ta- 
bled. 
Bill to amend chapter 141, laws 1876-77, 
in regard to: the office of county treasurer, 
was taken up for consideration. 

Mr. cLean explained that the chapter 
referred to above gave the county commis- 
sioners power to abolish the office of treas- 
urerand place the duties of that officer 
upon the sheriff, and that the effect of the 
pending bill was to give the commissioners 
power to pay him for this service in such — 
cases | as much as 11-2 er cent. 








€2 


Mr. Webb said that the commissioners of 
Cleaveland county had decided that they 
had no right under the existing laws to pay 
the sheriff anything for discharging the du- 
ties of tréasurer, and that as this would set- 
tle a disputed question he was in favor of it. 

' r. Battle sent forward an amendment 
making the pay 21-2 percent. instead of 
1 1-2 per cent. 

vr. Scott, of Rockingham, thought that 
to pass this bill would have a tendency 
to cause commissioners of more counties 
to abolish the office of treasurer, and if it 
had this effect he would oppose it, for he 
thought the office should be abolished in no 
county, for the treasurer always stood as a 
balance-wheel to the county machinery, and 
in many cases was doubtless the means of 
preventing many frauds practiced upon 
the people. 

Upon motion of Wr. Loftin the bill and 
amendment were recommitted to the judi- 
ciary Committee. 

Resolution of instruction to our Senators 

and Representatives in Congress was 
adopted. 
; ‘ ill to allow the commissioners of Cher- 
- okee county to issue bonds, passed its 
' second reading under roll call, only Messrs. 
Cozart and Purnell, voting against it. 

r. Dortch announced that Mr. Richard- 
son, of Johnson, had been called home on 
account of the death of a friend, and asked 
leave of absence, which was granted. 

Upon motion of rr. Strayhorn the Senate 
adjourned to meet to-morrow at 10 o’elock. 





HOUSE OF REPRESENTATIVES. 

The House was called to order by Speaker 
Rose at 10 o’clock. 

Prayer by Rev. Dr. E. A. Yates, of 
Edenton Street 
city. 

The reading of the journal of yesterday 
was dispensed with and it stood approved. 
PETITIONS. 

By Mr. Lenoir, relative to the appoint- 
ment of justices of the peace. 

By Mr. Holt, relative to the appointment 
of justices of the peace. 

By Wr. Leazar, from citizens of States- 
ville in regard to local prohibition. 

By Mr. Tomlin, from the same in regard 
to the same. 

By Mr. Frazier, relative to the appoint- 
meut of justices of the peace. 

By Mr. Matheson, a petition asking that 
the sale of liquor be prohibited within 
three miles of Elk Sheals Presbyterian 
chureh. 

By Mr. Worthington, asking that the 
town,of Palmyra be incorporated. 

By *r. Thompson, relative to) the ap- 
pointment of justices of the peace ; relative 
to having a road cut by convict labor. 
By Mr. Candier, relative to the appoiut- 


— ment of justices of the peace. 


\ 


: ethodist church of this | 


Proceedings of the General Assembly of North Carolina, — 








Mr. Lineback, a petition asking the 
mation of ‘a new county. 

Mr. Sherrill, asking that Wesley Chapel 
Camp Ground be incorporated. — 


Mr. Peebles, relative to the appointment — 


of justices of the peace. 
REPORTS OF COMMITTEES. 
The following committees reported on 
the following bills: 
Finance—To authorize the,commissioners 
of Halifax county to fund its floating debt. 
Resolution instructing our members in 
Congress to endeavor to Have the mone 
collected by direct taxation from the citi- 
zens of this State in 1865, returned. An act 
for the relief of the sheriffs of the State. 
Corporations—To incorporate Bright 
Light Gold Mining Company. 
To incorpowate the Loftin Silver and Lead 
Mining Company. F 
To incorporate Philadelphia Presbyterian 
church, colored, in Gaston county. 
To incorporate the town of Piaway. 
To incorporate Winton Lodge. 
To incorporate the Mikado Gold Min- 
ing Company. 
‘o incorporate the Co-operative Coloniza- 
tion Society. > 
Relating to making the February and 
August terms of Wake Superior Court for 
the trial of civil causes exclusively. 
To amend chapter 143, laws of 1876-7. 
To authorize the granting of injunction 
orders by telegraph. 
Relatirg to the duties of justices of the 
peace and county commissioners. 
To repeal the act regulating official ad- 
vertising. 
ENROLLED BILLS. 
The following bills were repprted as 
properly enrolled: 
To repeal the local prohibition Jaw of 
Hendersonville, Henderson ‘county. 
For the relief of the administrator of A. 
McCallum, deceased. 
To repeal the act amending the charter 
of the town of Plymouth. 
To levy a special tax for the county of 
Jones. 
To auchorize the 
bonds of the State. 
To incorporate the Coast Turnpike Com- 
pany. 
To regulate pilotage. 
To incorporate the Newton cotton mills. 
To anthorize the President of the Senat 


registration of the 


' and Speaker of the House to administer 


oaths in certain cases. 
RESOLUTIONS. 

Mr. Bower, resolution of Instruction to 
our members in Congress in reference to 
the pension law. 

‘ BILLS. 

The following bills were introduced, 
passed their first reading and were referred. 
_ Mr. Poe, to amend the election Jaw. 


“y. Lenoir, to change part of the line be- — 


! 


a 





i 
») 












6 . F 
tween the counties of Watauga and Cald- 
well. 

Relating to the Caldwell and Watauga 

‘Turnpike Company. 

; ‘ r. Lineback, to lay off and establish a 
- uew county by the name of Linville. 

_ Mr. Patrick, relating to the probate of 
deeds when the grantor, maker or subserib- 
ing witness resides out of this State. 

r. McLoud, to protect the estates of de- 
ceased persons and lunatics. 
By 'r. Fulton, to amend chapter 200, laws 

of 1881. 

Vr. Smith, to provide for the election of 
_ the mayor of the town of Goldsboro by the 
qualified electors. 

_ Myr. Bridgers, to have one-third of the 

_ Magistrates to be appointed by this Legis- 
- Jature Republican. 

Mr. Lenoir, relating to working the pub- 
jie roads in Watauga county. 

if a Biggs, an act to protect oysters, fish, 

(e 

Mr. Bailey, of “ecklenburg, concerning 
the railroads in this State. 

Mr. Williams, of Granville, to incorporate 

_ Horner's school at Oxford. Corporations. 
_ Mr. Haye’s of Robeson, to amend the 
charter of the town of Shoe Heel. Propo- 
sitions and grievances. 

vr. Strudwick, to incorporate the Black- 
well Durham Tobacco Company. Calendar. 

Mr. Powers, of Cumberland, for the re- 
lief of W. J. Sutton, sheriff of ‘laden 
‘county. Propositions and grievances. 

“a “iy. Bunn, to allow the commissioners of 

h: ‘Nash county to borrow money and to levy 
: a special tax to pay it. Calendar. 

“a Under a suspension of the rules, the fol- 
4 léwing bills were taken up and disposed of 
yas follows: 

, Senate amendment to the act for the re- 

' lief of sheriffs. Concurred in. . 

On motion of * r. Standford the vote was 
reconsidered which laid upon tlie table the 
_ bill for the protection of sheep, &e., in 
_ Madison county, and the bill then passed 
a its second reading and was referred to the 
_ judiciary committee. 

i: 0 incorporate the Southern Ore Com- 
_ pany. Third reading, and ordered to be 
enrolled. 















CALENDAR. 
To protect game and birds in Granville 
county. Tabled. 


SPEOIAL ORDER. 

The special order for this hour being the 
bill to punish embezzlement by attorneys- 
at-law, the substitute’ offered by the 
_ committee, was then taken up. 

Mr. Bailey, of Mecklenburg, was opposed 
to the substitute, and.in favor of the origi- 
nal bill because he did not think the sub- 
stitute fully met the case, but was defec- 
tive in that it provided that after three 
years a dishonest lawyer could plead the 
tatute o itations as a bar to the action 


m At its Regular Session, 1883. 





63 


of a client whom he had defrauded, and 
that to carry it into effect it would necessi. 
atte two actions whereas the original bill 
would only require one. That by the 
substitute the client who was defrauded 
can alone institute proceeding s againstithe 
attorney who has defrauded him, and then ~ 
his action has to be predicated on a judg- 
ment rendered, and that itcontains no pro- 
visions in it by which the world could be ~ 
warned by publishing such dishonest law- 
yer to the world. That he was in favor of 
the original bill, because it affords a sure 
and immediate redress. 

‘y. Peebles was in favor of the substi- - 
tute because the remedy given by the sub- 
stitute was entirclly ample for any client 
who might be injured, and it at the same 
time protected all honest attorneys, which 
the bill did not do, and besides he did not 
see the use of encumbering the statutes 
with a long law when two words would 
supply the remedy. That the bill would 
defeat its own object by letting out many 
dishonest, while the substitute would se- 
cure the punishment of all. 

.r. McLoud was in favor of the substi- 
tute because it afforded ample provisions 
for the protection of honest and the punish- 
ment of dishonest attorneys. He was op- 
posed to the original bill because he did not 
want the statutes incumbered and thereby 
have it go out tothe Union that North Car- 
olina lawyers were more dishonest than 
they were in other places; that the substi- 
tute accomplished in two steps, so to 
speak, what the bill traveled a mile to do. 

This question was further discussed by 
* essrs. Bower, Bunn, Sherrill, Robins and 
Page. 

The substitute was adopted by a vote of 
58 to 44. , 

The bill as amended by the substitute 
then passed it several readings. 

Leave of absence was granted to Yessrs. 
Barrett and Pruitt. 

MESSAGES. 

A message was received informing the 
House that the Senate had passed the fol- 
lowing bills : 

To provide for the compensation of wit- * 
nesses before justices of the peace. 

To incorporate the Rich Knob 
Mining Company. : 

‘To amend the law-relating to agricu'tural 
liens. 


opper 


CALENDAR (resumed. ) 

Yo incorporate ‘lackwell’s Durham To-; 
bacco Company, passed its third reading. 

Yo incorporate the Rich Knob Mining 
Company, passed its third reading. 

To make February and August term of 
Wake superior court exclusively for the 
trial of civil causes. 

On motion of Mr. Harris, of Wake, it was. 
made the special order to-morrow for 11 


o'clock. 


Bashy Sots i 








. 


ells 
a 








































i 
Dy 
Mr. Overman was excused from serving 
committee on privileges and _ elec- 
nd Mr. Standford appointed in his 


Riggs was excused from serving on 
: hibits Sie 

mmittee on education, and Yr. Phil- 
was appointed in his place. 

n act to establish Roanoke township in 

ax county, referred. 

The hour for ajournment having arrived 
House adjourned. 


SENATE. 


NINETEENTII DAY. 





BP Wepnespay, January 24, 1883. 
‘Senate called to order at 10 o’clock by 
sident Robinson. 

rayer by the Rev. Dr. Skinner, pastor of 
isbury street Baptist Church of this city. 
‘reading of the journal of yesterday 
mitted. 

PETITIONS. 

The following petitions were presented: 

. Pool, petition of the eitizens of Beau- 
ount7inregard to fishing in Pamlico 
Tar rivers. Referred to the committee 
sh interests. 

oon, a petition from one hundred 
of Robeson county asking that the 
f liquor be prohibited within four 
es of “it. Olive Church in Robeson 


ounty. 
Ir. Webb, petition of the citizens of No. 
wuship,Cleaveland county, in regard to 
appointment of justices of the peace in 
township. Referred to the commit- 
yn justices of the peace. 
. Lyon, petition of citizens of “laden 
unty, asking relief for Duncan Cromartie, 
treasurer of said county. 
r. Hill, petition from people of Duplin 
asking that F. §. Watson be ap- 
ted justice of the peace. 
Mr. Ebbs, petition in regard to the ap- 
ntment of justices of the peace in No. 
ship, Madison county. Referred to 
ittee on appointment of justices of 
eace. 
r. Hill, petition of citizens of Kenans- 
Duplin county, asking the appoint- 
nent of G. W. Carroll as a justice of the 
ce. Referred to committee on justices 
e peace. ; 
. Loftin, petition of 300 citizens of Le- 
asking that no stock law be enacted 
d county. To committee on propo- 
s and grievances. 
. Scott, of Rockingham, a petition 
the merchants and manufacturers of 
ksville, asking for repeal of the tax on 
-manufactured by themselves. | 
1e same, a petition from citizens of 
le asking the repeal of the tax now 
upon the manufacture of their own 


i 
a 
Ry 


Proce dings of the General Assembly of 





x : ‘ 
North Carolina, 
‘ REPORTS: 11) ipa 
The following committees made re: ies 
Judiciary committee, by Messrs. Wo-- 
mack, Pemberton, Loftin, Black, Stray 
horn, Boykin, ¥cLean and Pinnix. ah 
eee by Yessrs. Ramsay and Aléx- — 
ander. ; 


tle. 

Internal improvements, by Mr. Scott, of — 
New Hanover. 

Engrossed bills, by Mr. Farmer. 

“iy, Lovill rose to a question of personal 
privilege, and said that some days ago 
there was introduced in the Senate and ~ 
passed under a suspension of the rules a_ 
bill conferring large corporate powers upon 
a company in Ashe county, known as the 
Rich Knob Copper Company, without inti- 
mating the matter to him. The locality of 
the company was not even revealed, as the 
reading of the bill was dispensed with. He 
said he was sorry that he could not appre- 
ciate the kindness of the Senator, (whoever 
he was) as shown in the affairs of his dis- 
trict, and that if that is the measure of 
courtesy due from one Senator upon the 
floor, he was very glad to be advised of it. 

BILLS INTRODUCED. 

Mr. Loviil, to provide for the election of 
school committeemen by the people. 

Mr. Dotson, to amend chapter 127, laws 
of 1879. 

“yr. Lyon, to ascertain and liquidate the 
debt of + laden county. 

By the same, for the relief of Duncan 
Cromartie, late treasurer of Bladen county. 

By the same, to provide for the draining 
of swamp lands in Bladen and other coun- 
ties. y , 

‘r. Battle, in regard to the Quarantine 
Hospital in Brunswick county. 

vir, Toon, 2 resolution in regard to the 
apportionment of the school funds for the 
two races. 

MESSAGES. 

Messages vere received from the House 
of Representatives announcing the passage 
ot the following bills and resolution : 

Bill to punish attorneys who commit 
fraud. : 

Bill to incorporate the blackweil Dur- 
ham Tobacco Company. 

Bill to regulate the sale of spirituous 
liquors in Northampton county. ; 

ill to disqualify certain persons from 
giving evidence on judgment rendered, and 
bonds executed prior to August 1, 1863. 

Bill to amend chaptér 25, private laws of 
1876-77. 

Bill for the relief of the sheriffs of the 
State. r 


Propositions and grievances, by Mr. Pat- 
‘ 








1,8 


4 


/ 


Resolution of thanks to Rev. Dr. J. L.M. 


Curry for his able and cloquent address. — 


4 









































ssed its third reading under roll call, 
lessrs. Cozart and Purnell voting in the 
negative. 

Bill to amend the law of divorce was 
- taken from the calendar for consideration. 
Several amendments were offered and 
the bill discussed at length by Messrs. 
Payne, Scott, of Rockingham, © orehead, 
Watson, Linney, Womack, Jones and 
Boykin. Bill failed to pass its second 
reading. Motion was made to reconsider 
_ the vote by which tue bill failed to pass, 
which motion was laid upon the table. 

Bill for the relief of K. H. Winstead, late 
Sheriff’ of Wilson county, the special 
order for 12 o’clock, was called and passed 
its several Yeadings. 

Upon motion of Mr. Strayhorn, the bill 
fo incorporate the Blackwell Durham To- 
bacco Company was taken up for considera- 
tion. He stated that as this bill was of con- 
siderable importance, it should be passed at 





vations until the organization was fully 
tmadeby this bill of incorporation; that there 
were about 700 hands now idle awaiting the 
- passage of this bill, and that as it was 
passed by the House, after being carefully 
examined by the committee on corpora- 
‘tions there, and as there was no power 
granted in this more than there should be, 
there would no impropriety in passing it 
at once. 
The bill passed its second and third: read- 
ings and was ordered enrolled. 
CALENDAR. 
é Bill to amend chapter 58, laws of 1881, 
', passed its second and third readings. 
| Bill to incorporate the Rutherford Rail- 
way Company. The committee on corpo- 
rations submitted several amendments, 
which were accepted by *r. Haves, the in- 
troducer. ‘The bill passed its second read- 
ing under roll call—all the votes cast were 
for the bill except one—‘ir. Purnell voting 
against it. 
Bill authorizing the commissioners of 
- Granville county to levy a special tax, was 
_ taken up for consideration. 
Mr. Cozart offered an amendment sub- 
- mitting the bill to the voters of Granville 
county. 
- Upon motion of “r. Pemberton it was 
referred to the committee on finance. * 
Bill to make it a misdemeanor to go faster 
_ than a walk over Washington, Aurora dnd 
_ Leaksville bridges, passed and was ordered 
engrossed. ; 
ill “authorizing judges going out of 
office to perform certain functions, passe 
and was oidered enrolled. 
Upon motion of » r. Dortch the vote by 
which. this bill passed its final reading was 
reconsidered, and the bill was referred to 


once; that the compay had suspended opc-: 





mo a , ‘At its Regu'ar Sessicn, 1888. 





oe 


Mr. Scott, of New Hanover, placed upon 
the table. 

Bill to incorporate the Highland Railway 
Company passed, and was ordered en- — 
rolled. i 

Bill to pay registrars and judges of elec- — 
tion and boards of canvassers for their ser- 
vices was put on its second reading. 

The committee on finance submitted asub- 
stitute which allows these officers the same _ 
pay as jurors of the Superior Court. rs 

vir. Clarke was in favor of the bill but 
oppose to the substitute, issaid that no one — 
but those who could read and write — 
should be allowed to serve as judges or in- 
spectors of election. 





Mr. Pool—Does the Senator from Craven 
desire to disfranchise a large proportion of 
his party from serving in this capacity ? | 

Mr. Clarke—Yes, sir, I believe that no 
one should occupy this place unless he is 
able to read and write, and I think the law 
should compel this to be the case as far as 
practicable. % 

r: Pool—Do you think it would be con- 
stitutional to provide that none but those 
who can read and write should hold these 
places ? 

Mr. Pemberton—The law requires that 
the judges shall be taken from different 
parties; and up in our section [ tell you it 
-would be very hard sometimes to find Re- 
publicans who can read and write to repre- 

“sent their side. I don’t see that there should 
be much fuss made about this any way, for 
the Republicans generally have a man who 
can read stationed behind the barn to give 


| out the ticket and then the voter who casts 
| it. walks right up to the polls already armed. 


Mr. Mebane, colored: Does the Senator — 
propose to put judges at the boxes whoare — 
not able to read the election law ? 

Vir. Pemberton: I do not propose todo — 
anything aboutit. This isa matter forthe 
county commissioners to look after. Ke 

“r. Alexander: The main reason the ~ 


| finance committee recommended the amend- 


ment was because in different counties the — 
pay of jurors is different, and as the pay of 
jurors is more in counties where there — 
would be more work on election days I 
thought this would equalize the pay about — 
right. 
~ yr, Dorteh opposed an increase of county — 
expenses and moved to table. 
r. Clarke called for the ayes and noes, — 
which was sustained. The vote to table 


| prevailed, 30 to i8. : 


Bill to incorporate the Charlotte Street 
Railway Company passed and was ordered 
enrolled. 





Bill to amend the law of killing stock by 

|! railroads was taken up. — a 
Several amendments were sent forward 

| and the bill was discussed by several 

| Senators at length, and was finally re- 

_ ferred to committee on propositions and 











66 


grievances. 


Proceedings of the General Assembly of North Carolina, 43 






My ow 
her 


a 
amend the charter of the town of Hender- — 


vill for the relief of clerks of Superior sonville. To incorporate theftown of Pate’s. 


Court was put upon its second reading and 
upon motion of Wr. Jones was referred 
with all amendments to judiciary com- 
mittee. 

At the request of Vr. Pemberton, Messrs. 
Strayhorn and Hill were added to the com- 
mittee on education. 

At the request ofeMr. Watson, Messrs. 
Linney, Strayhorn and Scott, of Rocking- 
ham, were added to the committee on in- 
ternal improvements. 

Upon motion of Mr. Lovill, the Senate 
adjourned. 

HOUSE OF REPRESENTATIVES. 

At 10 o’clock Speaker Rose called the 

’ House to order. 

Prayer by the Rev. Dr. Skinner. of Salis- 

bury Street Baptist church of this city. 
PETITIONS. 

Petitions relating to the appointment of 
justices were presented by Messrs. Posey, 
Oandler, Tomlin and Cheek. 

REPORTS OF COMMITTEES. 

The following committees reported fa- 
vorably upon the following bills: 

Judiciary—Bill making it a misdemeanor 
to mutilate notices, signs and advertise- 
ments. 

To amend section 869 of the original 
Code of Civil Procedure. 

To provide proper compensation for wit- 
nesses before justices of the peace. 

An act concerning the railroads of this 
State. Unfavorably to the bill regulating 
divorce, and the following minority report 
was submitted : 

[Bill making adultery in either party 
ground for divorce from bonds of matri- 
mony. | 

Messrs. Bailey, of. “ecklenburg, and 
McLoud presented the following minority 
report. 

Undersigned by leave respectfully report 
that they feel obliged to differ from the 
report of the majority of the committee 
and believe that the bill ought to pass. 

Woman during the dark ages of the world 
was treated as a slave and atoy, but in con- 
sideration of the advance in ourcivilization 
she has become our equal in all things and 
our superior in many, and she ought to be 
entitled to have the marriage vows enforced 
in her favor, with like force and effect as 
the husband has. 

Further reasons will be advanced in de- 


bate. 
W. H. Barry, Chm’n. 
—— McLovp. 
Propositions and Grievances—To amend 
the charter of the town of Shoe Heel: To 
repeal section 8, chapter 240, laws 1874-75. 
Corporations—To provide for the elec- 
tion by the people of the mayor of Golds- 
poro. ‘To incorporate Horner’s School. To 


| 
1 





BILLS. 

The following bills were introduced, 
passed their first reading and were referred: 

Mr. Hardy,coneerning pilots and pilotage. 

Mr. Stringfield, to prohibit the sale or 
giving away of liquor within one mile of 
any church or school house in this State. 

Mr. Bridgers; for the better protection of 
children losing’ their parents by natural 
death in the State’s prison. 

vr. Reid, of Gaston, changing the time 
of holding the Superior Courts in the coun- | 
sh of Gaston, Cleveland, Rutherford and 
Polk. 

Mr. Overman, to facilitate the trial of 
civil causes in the Superior Courts of this 
State. 

r. Poe, relating to actions at law. 
Mr. Bailey, of “ecklenburg, to amend 


section 301, chapter 17, of Battle’s Revisal. 


r. Temple, requiring executors to give 
bond. To regulate the manner of drawing | 
jurors. 

‘r. Patrick, to prevent the obstructions 
to fish in Scuppernong River. i 

Mr. Riggs, to repeal the act prohibiting 
the use of drift nets in certain waters of 
the State. 

Vr. Stokes, to amend the law to provide 
the levying and collection of taxes, 

Mr. Hardy, to amend chapter 43, laws of 
1876-77, and chapter 84, laws of 1881. 

Mr. Forbis, to amend the public school 
law. . 

Mr. Bailey, of Wilson, to repeal chapter 
1, laws of 1881. 

Mr. Bower, to increase the number of 
justices of the peace. 

Mr. Robins, to incorporate the High 
Point and Randleman Railroad Company. 

On motion of Mr. “eCotter, the rules 
were suspended, and the resolution offering 
areward for W. J. Munden was put on its 
passage. 

Mr. Nixon said that it had already cost 
his county $800 to convict Munded of steal- 
ing a bugey blanket, and that they were 
now rid of him, andif a reward was offered 
some one would catch him and b ing him 
back, which the people of his county did | 
not want, and therefore he moved to lay 
the resolution on the table. The motion to 
table prevailed. 

On motion of Mr. Page the vote to lay 
on the table was reconsidered, and that mo- 
tion laid upon the table. 

CALENDAR. 

The following bills were taken up on their 
third reading and disposed of as follows: 

To prevent the running at large of live 
stock in the counties of Greene and Lenoir. 

vir. Standford moved to amend by strik- 
ing out the amendment to submit to a 
vote of the people, and stated that the gen- 


tleman who represented Lenoir county ran j 





| 
| 












































Re ioacd to ow what his people 
wanted. 

wr. Page stated. that he lived near that 
ction of country, and that the citizens of 
oth political paities wished this law, and 
he thought it ought to be passed without 
submitting it to a vote of the people. 
Mr. Dixon, as an individual, opposed 
the law,.,but the people in that section 
wished it and he hoped it would pass. 

Mr. Bledsoe said that it was the first time 
he ever heard both Democrats and Repub- 
icans advocate a minority that if a major- 
ty of the people wanted this law why not 
‘let them vote for it. He was satisfied that 
- no man who’ advocated a minority rule 
_ would ever be governor of this State. 

_ Mr. Holt was opposed to the .minority 
Tuling, but it having been made an issue in 
_ the campaign in the county of Lenoir and 
the representative from that county having 
een elected on that issue. he regarded it as 
- a sufficient indication of the will ofZthe ma- 
_ jority, particularly as it was a Republican 
_ county and had sent a Democrat to repre- 
' sent it on that issue. He therefore fa- 
_ yored the amendment of Mr. Standford. 

; Mr. Bunn did not speak to the merits of 
pill, but to the amendment proposed: he 
was in favor of “ir. Standford’s amendment, 
_ because if the provision to submit remained 
it would in effect kill the bill. — ; 
: - x. Bledsoe called for the ayes and nays 
on the amendment, and the ‘call was sus- 
tained. 


_ , The vote onthe amendment to strike out 
the part submitting to the people was as 
- follows : 


Yuras.— vessrs.’ Abbott, Anderson, Bai- 
‘ley of | ecklenburg, Hailey of Wilson, 
a _ Baum, Beale, Bennett, Bower, Brown, 
- Bunn, Byrd, Crouse, Cowell, Forbis, Fra- 
_azier, Fulto,, Gatling, Glenn, Green of 


son, Hayes of Swain, Holt, Houston, John- 
son of Johnson, King, Lawrence. Leazar, 
Liles, ™ cAllister, McCotter, » cCurry, Mc- 
Loud, Marsh, tiatheson, Myers, Newby, 
Nixon, Overman, Page, Patrick, Peebles, 
Person, Posey, Ray, Reid of Gaston, Rey- 
lds, Riggs, Robins, Sandifer, Sherrill, 
mmons, Stanford, Steed, Stewart, Stokes, 
Strivegfield, Strudwick, Sutton, Tate, Tom- 
ins, ‘Turner, Walker, Williams of Gran- 
ville, Williams of Sampson, Williamson, 
Wilson, Wood and Worthington—70. | 
- Nays.—Messrs. Baker, Ball, Belcher, 
Pledsoe, Bradley, Bridgers, Bruce, Bryan, 
Cain, Candler, Covington, Cheek, Eaton, 
Green of New Hanover, Grissett, « amilton, 
’ Harrison, | arris of Wake, Henderson, 
1 ee Jenkins, Johnson of | raven, Lan- 
ry, Lenoir, Lineback, Mitchell, 
ewell, Philips, Poe, Powers 
d, de of Herons Speller, 





Franklin, Gudger, Hardy, Harris of David. | 





67 
Peau Thompson, Waddell and Wilcox. 


The bill as amended then passed. 
On motion of Mr. Standford, the vote by 


which the bill passed was reconsidered. and 


that motion laid upon the table. 

To incorporate the Narrows Island Club. 
Passed. 

To incorporate the town of Trenton. 
Passed. 

To regulate official advertising. Passed. 

BILLS ON THEIR SECOND READING. 

To provide for the better protection of 
election returns. Tabled. 

Substitute for an act in regard to the 
mechanics lien law. Tabled. 

The rules were suspended, and Mr. MVe- 


Lond introduced a bill relating to the me- — 
chanics lien law, which was put on its pas- 


sage, and passed its several readings. 

To authorize the granting of injunction 
orders and certain State warrants by tele- 
graph. Passed its third reading. 

To prevent the placing of portable steam 
engines within two hundred feet of the 

wees 0 , 
public highways. ‘Tabled. 


Toamend the act incorporating Biddle 


University. Informally passed. 

To authorize the Virginia and Carolina 
Railroad Company to extend their line into 
this State. Informally passed over. 

To regulate transcripts on appeals. Re- 
committed. 

SPECIAL ORDER. 


The following having been made the spe- 
cial order for this hour, was taken up and 
passed its third reading ‘and was ordered to 
be enrolled. 


An act to make February and August ! 
terms of Wake Superior Court for the trial 


of civil causes exclusively. 
CALENDAR (resumed. ) 


To enable the county commissioners of 
Warren county to regulate the bonds of 
their county officers. ‘Referred. 

For the relief of W. J. Sutton, sheriff of 
Bladen county, passed its third reading. 

To attach a portion of Craven county to 
Carteret. Informally passed over. 

To incorporate the Philadelphia Presby- 
terian 
ing. 

To incorporate the town of Piaway, 
passed second reading. 


To amend chapter 360, laws 1876-77, and i 


Passed. its ‘third 
laws 1876--77. 


chapter 234, laws 1881. 
reading. 
To amend chapter 143, 
Passed its third reading. 
To incorporate Winton Lodge of Free 
and Accepted Masons. Passed its third 
reading. 


To protect innocent purchasers of per- 
Sava property. Tabled. 


Relating to the duties of magistrates and 





hurch, colored, passed third read- 
/ lat i: 


























va ‘ ied 
f es y ot UF 
Nara! AP 

i 






















































* 
county treasurers. Passed its third read 


WwW . > 

t P Rclating to the stock law. Tabled. 

_ To allow the commissioners of Nash 

county to borrow money. Passed its second 

reading. 

- To incorporate the Co-operative Coloni- 

zation Society Teutonfa. 

Mr. Hayes, of Robeson, thought that in 

acts of incorporation the personal lia- 

pility clause should clearly bind the private 

property of the stockholders, and because 

the clause in this bill expressly exempted 

their private property he moved to amend 

by striking out that clause. 

 *r. Holt thought that if it was passed 
with that amendment that it would kill the 

~~ pill. 

ty. Robins thought that any bill which 

conferred as large powers as this ought to 

be understood, therefore he moved to in- 

\ ty pass over and print. 

__»y, Lenoir moved to amend so as to 

- make it subject to the law goveraing other 

_ railroads, which was adopted. 

After being discussed by Messrs. Bailey, 

of -ecklenburg, cLoud and Peebles, the 

- House refused to print and passed the bill 

its third reading. 

__ To incorporate Horner’s School. 

its third reading. 

To authorize the county of Halifax to 

nd its debt. 


Passed 


Informally passed over. 
MESSAGES. 

A message was received informing the 

House that the Senate had passed the fol- 

wing biils : 

" Amendment to an act to incorporate the 

Town * ountain » ining and Manufactur- 

g Company. 

To amend the law relative to judicial 

les. 

To amend the act relating to the appoint- 

ent of cotton weighers for the town of 

Enfield. - 

To authorize the Auditor of State to 
w all warrants on the Treasurer. 

‘The hour for adjournment having arrived 

ie House adjourned. 


SENATE. 
® TWENTIETH DAY. 
Tuurspay, January 20. 
The Senate was called to order at 10 
ock. 
Prayer by Rey. Dr. J. ¥. Atkinson. 
Leave of absence was granted wr. Loftin 
intil Tuesday, 
: PETITIONS 
e presented as follows : 
_ “r, Clarke, from citizens of Newbern, 
protesting against an increase of taxation. 
r. Black, from citizens of Ben Salem 
ship. “ir. Clarke, from the Board of 
de of Newbern, asking the repeal cf the 
shedule ‘‘B” tax on merchants. Mr. 





ee ih 4 


Proce dings of the General Assembly of North Ca 


r 


a 





from citizens of Burke,for the repeal 


‘of 


















e ¥ iy 
Ree 
of the $100 tax on the manufactur 

bacco and cigars. Mr. Webb, from.c 
of Cleveland, asking that the sale 
ituous liquors be prohibited within 
miles of Pleasant Hill Baptist chureh, 
from citizens of Cleveland asking the 
for school district No. 28, in that county. 
Mr. Clarke, from citizens of No, 8 town-— 
ship, Craven county, against the pas-— 
sage of a no-fence law. “r. Scott, 
New Hanover, against the pas- — 
sage of an act allowing the issue of — 
bonds by the commissioners of that county; — 
also from citizens of Pender county inregard — 
to the bill authorizing the issue of bonds by — 
that county; and from citizens of New Hano- 

ver county against the no fence law for that — 
county. Mr. Webu, from citizens of Ruth- — 
erfordton, asking that the local option law 
be repealed. Gs fi: 


by 


COMMITTEE REPORTS yes 
Were submitted as follows : i. 
Salaries and Fees—By Mr. Woodhouse: — 
Against bill regulating the fees of sheriffs — 
and others. By Mr. Goodwyn—Favyorably, — 
Me to amend an act entitled salaries and 
ees. ; 
Education—"y °* r. Costner, favorably, 
pill to establish a graded a graded school in — 
Lumberton school district, No. 70, Robe- — 
son county. 7 aah 
By “tr. Black, against bill re- — 





Judiciary 
lieving Carteret county of sections 6 and 7, — 
chapter 118, Battle’s Revisal. . 
BILLS AND RESOLUTIONS : 


were introduced and referred as follows : 
Mr. Ramsay, resolution to print a manual 
of reference for the use of the General As- — 


b 


sembly. 


‘r. Womack, bill to amend the divorce 
law. % 
Mr. Toon, to prohibit the sale of liquor 
in five miles of Mt. Olivet Methodist church, — 

Robeson county. 

r. Purnell, bill to repeal chapter 1, pri- 
vate laws of 1881, and to amend chapter 
234, laws of 1881. ; 

Mr. Webb, to make it indictable to fell | 
trees in Muddy Fork creek, Cleaveland — 
county. oe 

Mr. Payne, to authorize the Justices of — 
the Supreme Court to employ an assistant — 
librarian for the Supreme Court. ‘ 

r. Pinnix, to incorporate the Big Amer- _ 
ican Reduction ompany. 2 

r. Loftin, to incorporate Tammany 
Hall, at Kinston. . 

vr. Toon, to incorporate the Wilming-— 
ton, Chadbourn and Conwayboro Railroad 
Company. ra 

The morning hour ended, the resolutio: 
to print a manual of reference for the use 
of the Assembly was taken up and failed to 
pass acter tay 













a 








 essrs. Woodhouse, King of ‘Pit 
arke were appointed as the 8 









\ 2 following ‘House bills were read the 
time and referred : 
wr the relief of W. J. Sutton, sheriff of 


den. 
To Rinerporate Winton Lodge, A. F. & 
., of Hertford county. 
To prevent live stock from running at 
e in Greene and Lenoir. 
‘o amend chapter 143, laws of 1876-77. 
‘ To amend chapter 260, laws of 1876-7, and 
chapter 234, laws of 1881. 
To amend section 1, chapter 65, Battle’ 
visal. 
To incorporate the Horner School, at Ox- 
md 
CALENDAR. 
Bill to incorporate the Rutherford Rail- 
y Construction Company, Passed its 
hird reading. 
"Bill to amend section 8, chapter 7, Bat- 
tle’s Revisal, so as to prohibit attorneys 
from practicing in any of the courts in the 
unty wherein they hold the office of 
unty cominissioner, was taken up on its 
second reading. 
It was discussed by Messrs. Womack, 
Morehead, Alexander, Dotson and Jones, 
“passed its second? reading, and was re- 
committed to the judiciary committee, 
ith an amendment by » r. Womack, as 
lows: ‘‘Provided that nothing herein 
ntained shall prevent a justice of an in- 
ferior court from appearing in all cases ex- 
pt cases over which the Superior and In- 
erior Courts have concurrent jurisdiction.” 
Bill to repeal chapter 253, laws 1876-77. 
Pabled. , 
_ Bill to make the crime of assault with a 
adly weapon with intent to kill, a felony, 
s tabled. 
Bill to amend the charter of the Atlantic 
Coast Railway Company. Passed its second 
ading. 
‘ ill for the protection of mechanics and 
uborers. Passed its second reading. It 
as discussed at length by ° essrs. Watson, 
ykin, Linney, Strayhorn, Morehead and 
mes. It comes up on its third reading to- 
orrow. 
ouse bill to prevent live stock from 
unning at large in Greene and Lenoir 
anties, was made special order for next 
dnesday. 
ill to-repeal the act against selling or 
ng away liquor at places ot public’ 
peaking, was discussed by “essrs. Scott of 
_ Rockingham, Hill, Dortch, Womack and 
 Loftin. It wasfinally tabled. 
The Senate Sigh oie 


ae OF REPRESENTATIVES. 
| Tuorspay, January 25, 1883. 


At its Regular Sessivn, 1883. A 















The reading of the journal was dispensed 
with and it stood approved. 

PETITIONS. e 

Mr. ‘Bunn, petition from Hyde county 
asking for the re- erabushment of the old 
pilot Taw. 

vr. Hewlin, peetiar relative to the local 
option law in Halifax county. ie 

“ir. Candler, petition relative to the ap- 
pointment of justices of the peace. Min: 

Mr. Glenn, petitions of tobacco manufac- _ 
turers of Wentwerth and Reidsville. ah, 

Mr. Reid, of Gaston, petitions relative to — 
the appointment of j tstices. 

Mr. Wood, petition asking for an appro- 
priation for the benefit of wounded Confed- 
heli soldiers. "i 

r. Nixon, petition favoring the change 
of he corporate name of the Blizabeth City 
and Norfolk Ralroad. 

Mr. Cowell, petitions favoring the same. 

Mr. Gatling, petitions opposing tics aes 
change of the name of the Elizabeth City 
and Norfolk Railroad. i 

REPORTS OF COMMITTEES. ora 

The following committees reported favor- 
ably upon the following bills: % 

Judiciary—To protect the estates of de- 

ceased persons, lunatics, &c. To pay wit-  — 
nesses before justices of the peace in crimi- 
nal causes. To extend the time to redeem 
land sold for taxes. An act relative tothe 
mechanics lien law. Substitute for anact 
for the better protection of crops, in certain 
localities. To amend chapter 108, private 
laws of 1859. To repeal chapter 117, laws — 
of 1879. To amend chapter 72, laws of 
1868-69. To amend section 33, Chapter 194, 
Battle’s Revisal. Act changing the time of 
holding the courts of Gaston, Cleveland, 
Rutherford and Polk counties. To protect Aik 
sheep in Viadison county. 

Corporations—To incorporate the St. 
John Macecabeus Society. Relative to the 
Caldwell Turnpike Company. : 

To amend the charter of the town of | 
Clinton. 

Propositions and Grievances—To amend _ 
chapter 83 of ° attle’s Revisal. Resolution 
relating to the pension law. Concerning — 
pilots and pilotage. To amend the law ap- 
pointing cotton weighers for the town of 
Enfield. 

Railroads, Turnpikes, &c.—Relative to 
working the public roads of Watauga 
county. 






























































BILLS, 

The following bills were introduced and 4 
referred : bra 

Mr. Simmons, to make it a misdemeanor 
to semove property under mortgage with- 
out first obtaining written permission. 

vx. Liles, to regulate allowance to con- 
testants for seatsin the General Assembly. 
r, Crouse, to amend chaptcr 200, laws — 








70 


Mr. Sherrill, an act changing the number | 
of jurors from five to three to lay off dower. 

vir. Hewlin, to amend section 5, chapter 
234, laws 1881. 

Mr. Bailey, of Mecklenburg, to authorize 
Judges of the Superior Courts to settle 
questions at chambers. 

Mr. Tomlin, to submit the question of 
the sale of liquors to the voters of the town 
of Statesville. ‘ 

Mr. Nixon, to prohibit fishing on Sunday. 

Mr. Hardy, to provide for a survey of the 
State school lands in Carteret county. 

Mr. Crouse, to incorporate the trustees of 
Burr’s Chapel camp ground. 

By Mr. Abbott, to incorporate the town 
of South Mills, in Camden county. ommit- 
tee on corporations. 

By “xr. Cowell, to authorize the commis- 
sioners of Currituck county to levy a spe- 
cial tax, referred to the finance committee. 
. By Mr. Strudwick, for the promotion of 
female education. 

By Mr. Page, to incorporate the Raleigh 
» ail Printing and Publishing Company. 

By Mr. Sherrill, substitute for an act to 
incorporate the town of Maiden, in Cataw- 
ba county. 

By *r. Fulton, to require railway com- 
panies to keep and maintain cattle guards. 

3y Mr..Temple, to amend chap. 220, laws 
of 1881. 
On motion of Vr. Reid, of Gaston, the 


Proceedings of the General Assembly of North Carolina, 





rules were suspended and the bill changing 
the time of holding the superior courts of 
Gaston, Cleveland, Rutherford and Polk 
counties was taken up, and passed its third 
reading. 

Leave of absence was granted to Messrs. 
Wood, Nixon. Williams, of Sampson, © ar- 
dy and Cowell. 

COMMITTEES. 

The Chair announced the following as the 
committee on fishinterest: ‘ essrs. Riggs, 
Riggs, Hardy, Walker, Powers, of Cum- 
berland and Newby. 





OALENDAR. 

The calendar was taken up and the fol- 
lowiag bills were disposed of : 

To allow the commissioners of Nash 
county to borrow money, and to levy a 
special tax to pay the same. Passed third 
reading. 

To repeal the law prohibing the sale of 
liquor in Germantown. Passed third read- 
ing. 

To incorporate the town of Germantown, 
in Stokes county. Passed third reading. 

To attach a portion of Craven county to 
Carteret. NRe-referred. 

An act relating to divorce, on motion of | 
Mr. “cLoud, was made: the special order 
for Tuesday next at 11 o’clock. 

SPECIAL ORDER. 

The hour for the special order having ar- 
rived, the following was announced as the 
special order for this hour: 





ae 


Substitute for an act to establish twelve 


judicial districts in North Carolina. 
Mr. Bailey, of ecklenburg, thought the 


| pill ought to pass, because from the in- 


crease of litigation it was impossible to 
transact the business of the courts with nine 


| judges, for they were all worked down. 


The increase of litigation demanded it, so 


that the people might have their rights ad-— 


judicated. 

\fr. Powers, of Cumberland, was in favor 
af the passage of the bill because he 
thought that it was needed by the people of 
the whole State, except. in a few small 
counties, and by it the Inferior Courts could 
be got rid of. 

Mr. !ledsoe was in favor of the bill on 
account of the crowded dockets in the State, 
and exhibited a calendar of Wake court to 
show the state of facts in that county. 

Mr. Worthington thought it was a want 
keenly felt by the people, and that the law- 
makers ought to give them redress, and 
spoke of the crowded dockets in his own 
and other counties. 

Mr. Hayes, of Robeson, asked Mr. Worth- 
ington if ij was proposed in good faith, if 
this bill was passed, to abolish the Inferior 
Courts ? 

My. Worthington thought it was, and that 
a supplemental bill to that effect would fol- 
low: 

Mr. Hayes, of Robeson, then moved to 
amend by abolishing all criminal inferior 
courts. 

Mr. Genn was sorry to oppose his friends 
from the East, but that he would not be do- 
ing justice to the people of his county if he 
did 2ot oppose it; his county did not need it. 

“yr. Myers thought special terms of the 
court when needed would be sufficient for 
all purposes. 

Mr. Bunn said that he was here not to 
represent his people alone but the people of 
the whole State. That special terms were 
impossible because the judges could just 
get around by hard work with the regular 
terms now. That his county could get 
along without, but that other counties could 
not. 

Mr. Wilcox moved to amend the amend 


- 


ment by striking out the word ‘‘criminal.” ~ 


‘'z. Sandford said that the people of the 
Eastern part of the State needed it, to such 
an extent that it amounted without it to al- 
most a denial of their rights. That not a 
civilcause had been tried in his county in 
three years. 

» y, Overman was in favor of the bill be- 
cause he thought it was needed by the peo- 
ple, and the constitution expressly declared 
that the people should have a speedy reme- 
dy by trial which they did not under the 
present law. f 

Mr. Holt was in favor of the bill; said 
that he had heard no one say that it was not 
expedient to have twelve judicial -districts. 


7 





agogical spirit that hefopposed the bill, but 
on the groundsjof its inexpediency and in- 
sufficiency to meet the necessities of the 

ease, and relieve the wants of the people. 
He said that more districts meant more 

judges and more pay, and less work, and 

longer terms of court, and he did not see 
that it would relieve the hardships com- 
_ plained of by the people in the Hast, and 
_ thatin his section there is no ‘pressing 
_ necessity for more judges nor more courts; 






y: 











_ said that he never knew a county to ask for 
oa special term but what they*could get a 
Judge for the one hundred dollars per 

week to hold it, and that this being true, 
he thought that the necessity of the case 
- could be mct by holding special terms in 
the large counties where the dockets were 
_ crowded, better than by creating more dis- 
' tricts and giving longer terms of court; 
but said that if the friends of the 
bill would show him where any county bad 
been unable to have a special term of court 
in consequence of not being able to get a 
_ judge to hold the court, and then if the 
: friends of the bill would add an amend- 





_ ment so as to insure the more frequent sit- 
tings of the court in the large counties in- 
_ stead of longer terms, then he would sup- 
- port the bill, but otherwise he would be 
compelled to vote against it. Said that 
_ more frequent courts were the thing needed, 
if anything, and not smaller districts and 
/ more of them, soas to give longer terms, 
because two or three weeks was as long ,as 
lawyers, judges or jurors could stand the 
wear and tear of court. 
i “r.Peebles spoke at length in favor of 
the bill, explaing the need of it, and giving 
_ the objections to the criminal court system, 
and fully met every objection to the bill 








ne 


now pending. 
ur. McLoud spoke not buncombe, but in 
favor of Buncombe, and made a strong ap- 
peal for a speedy trial of causes for the peo- 
_ ple of that and other counties. 
_ *r, Candler asked 'r. McLoud if the 
_ Democratic party had not told the people 
_ that nine judges were enough. 
_ ‘Mr. McLoud: Yes; but the Democratic 
_ party was mistaken, and it is not the first 
mistake that party has made; but no one is 
_ perfect, not even the Republican party, and 
_ I would not accuse even that party of per- 
fection. 4 
_ Mr. Lenoir said he had promised his con- 
stituents to be careful how he voted away 
their money, but there was sucha thing as 
bing pound foolish and penny wise. 
That since the war the State had advanced 
in population one-third, and that lt was 
othing but right to keep pace with the ad- 
ance in population aud provide for any | 
uture increase in population that might be. 


nt 























e number of 


ae [ judges should be in- | 








71 


Mr. Strudwick had thought that if any sub- 
ject could be brought before the House that 
was devoid of politics, it was the judiciary, 
but that politics had been brought in, and he 
was sorry that Democrats had admitted 
that the Democratic Legislature which re- 
duced the number of judges had erred. 
He was prepared to admit no such thing. 
They, in their wisdom, had seen fit to re- 
duce, but the time had now come to 
iucrease, and he was in favor of increasing 
them, although his county did not need it 
especially. He moved to postpone until 
next Wednesdsy at 110’clock and that it be 
the special order for that hour. 

Mr. Page said he came from the east and 


knew the needs of the people of that sec- 


tion, and he was in favor of the bill. 

Mr. MeCotter was opposed to postpon- 
ment, for the matter had already been full 
discussed, andjthe friends of the;bill had al- 
ready fully and freely advanced all the 
arguments they could in favor of it. 

r. Ray hoped the motion to postpone 
would prevail. 

Mr. Wilcox said: Ihope the motion of 
the gentleman from Durham will prevail. 
I do not desire to cast a single vote in this 
House that will redound to the injury of the 
State at large, or to any single county. If 
Ifind upon further examination of this bill 
that it is a public necessity, I shall vote for 
it regardless of politieal opinions, or strict— 
ures that may be made by other members 
upon this floor. 

Mr. Thompson desired it to be postponed, 
as did “essrs. Robins and Candler. 

The bill was, on a vote being lad, posi 
poned. 

OALENDAR (resumed.) 

To amend the law incorporating the 
town of Beaufort, made the special order 
for Thursday next, at 12 o’clock, and or- 
dered to be printed. 

vr. Tate reported the bill changing the 


time of sheriffs settling with the State 


Treasurer, without prejudice, , 

On motion of Mr. Glenn, it was made the 
special order for next Thursday, at 12 
o’clock. 

To repeal chapter1, laws of 1881, rela- 
tive to cotton weighers of Wilson. Third 
reading. 

Act relating to the working of the public 
roads of Watauga. Passed its third read- 
ing. 

‘Aet providing for the election of Mayor 
of the town of Goldsboro by the people: 
Passed its third reading. 

Substitute for a resolution and a bill in 
favor of soldiers who became maimed in 


the Confederate service. Informally passed 


Over. 
MESSAGES. 


For the relief of the sureties of K. H. 


Winstead, late sheriff of Wilson county. 


NER CAR Ce CN age ‘io 








72 
_ Abill for the relief of the sheriffs of the 
State. 

To authorize the commissioners of 


' Cherokee county to issue bonds, and for 


- drive faster than a walk over 


other purposes- 
To make it a misdemeanor to ride or 


Washington 


_ and other bridges. 


- 


To amend chapter 58, laws 1881. 
CALENDAR (resumed. ) 
To amend chapter 58, laws 1881, chang- 
x the name of a corporation. 
2ending the consideration of this bill the 


hour of adjournment arrived and the 
House adjourned. 
SENATE. 


TWENTY-FIRST DAY. 
Fripay, January 26. 

The Senate was called to order at 10 
o'clock. 

Prayer by the Rev. Mr. Gwaltney. 

PETITIONS. 

Mr. Eaves, of Rutherford, from Pleasant 
Grove Methodist church, asking that liquor 
be not sold in one mile thereof. 

Mr. Costner, from citizens of Catawba 


_ county, to prevent the sale of liquor in one 


vt 


" 
i 










it 


ut 


AY 


iH 


| 
ig 







% 


ow, 
mY, 


its passage. 


and a half miles of Maiden. 
COMMITTEE REPORTS. 


Propositions and Grievances— r. Cost- 


Der, favorably, to prohibit the sale of in- | 


toxicating liquors in certain localities in 
“Madison county iy. 

Mr. Womack, of judiciary: To amend 
the laws of 1880, chapter 15, recommending 
To. ex- 


'y. Alexander, of Finance: 


_ tend the time of paying the taxes for Dare 
» county. 


Unfavorably—A bill to construe the act 
in regard to county treasurers. 
Mr. Strayhorn—unfavorably from judi- 


ciary: A bill to be entitled un act making 
“it profitable to the State and respectable for 


parties to engage in the sale of pistols and 
other deadly weapons. 

Mr. ‘clean, unfavor ably—An act to 
amend and construe section 2, chapter 141, 
of the laws of 1867-67, in regard to the office 
of county treasurer. 

Messages from the House, informing the 


] owing bills, which were properly referred : 
A. bill to provide for working 
roads in the county of Watauga. 
A bill to reveal chapter 1, laws 1881. 
A bill relating to the duties of justices of 
the peace and county treasurers. 
A pill to incorporate Narrow Island Club. 
Mr. Battle, favorably: An act for the 
_ protection of crops in Caswell county ; an 
act to prevent the sale of malt or spirituous 
“aie on Sunday; to amend chapter 260, 
laws 1876-77, and chapter 234, laws 1881. 
Mr.“ Womack, favorably : A bill to pro- 


Proce. dings of the General Assembly of North Carolina, 








Senate that the House had passed the fol- 


the public 







hibit the sale of spirituous liquors in four: iB 
miles of Mount Olivet Methodist church, in 
Robeson county; to amend chapter 116, 
law ‘8 1881. 

Battle, favorably: To regulate the 
tie of liquor i in Northam ton county. 

Mr. Speight, unfavorably: Act to pee 
the purchase tax on ance ; 

Mr. Alexander, finance committee, favor- 
ably : To allow Granville county to levya  — 
special tax ; appropriating $3,000 to rebuild 
the quarantine hospital in Brunswick 
county. Unfavorably : To authorize C. C. 
Sandford, late sheriff of Davie county, to 
collect arrears of taxes; to authorize the 
county treasurer of Caswel] county to pay 
certain claims, and asked its reference to 
the educational committee. 

Mr. Dortch, judiciary committee, re- 
ported favorably: A bill for the relief of 
disabled Confederate soldiers; a bill to al- 
low creditors to sue on certain claims be- 
fore they are due; a bill to amend the law 
of attachment; a bill to exempt farming im- 
plements from taxation—as constitutional 
but recommend it do not pass. 

ry. Boykin, judiciary committee, un- 
favorably: A bill to allow~justices of the 
peace and county commissioners to be 
elected by the qualified voters of the State ; 


; a bill to re-establish county government 


and restore local self government to the 
Reppie. ‘ 
. Black, unfavorably: A bill to ex- 
te Be timé for getting grants. ‘ 
ENGROSSED BILLS—-CORREOTLY ENGROSSED. 


A bill to incorporate the Rutherford Rail- 
way Construction Company. Unfavorably: 
A biil to give solicitors half fees in cases of 
‘“nolle prosequi;” a bill to prohibit the sale 
of intox cating liquors in certain localities. 

‘r. McLean, committee on engrossed 
bills, reported as correctly engrossed: An 
act to amend chapter 25, private laws of 
1876-77; an act to amend and construe seéc- 
tion 2, chapter 141, of the laws of 1876-77; 
to regulate the sale of liquor in Northamp- 
ton. 


BILLS 


Were introduced as follows: Mr. Whit- 
ford, to establish a standard weight for a 
barrel of pork; by the same, to remove all 
license tax upon wines, cordials or liquors: 
Mr. Evans, to regulate the fees of justices 
of the peace, &e.; ; Mr. Carter, to amend 
section 5, chapter 2384, laws of 1881. 

Mr. Costner, to prevent the felling of 
timber in Jacob and Henry’s fork and 
South fork, Catawba county. 

Mr. Lovill, to protect fish in Elk river 
and its tributaries, in Watauga and 
Mi chell. 

wr. Linney desired to place himself right 
on the bill for the relief of the sheriff of 
Bladen, and asked that the vote by which 
it passed itz final reading Fyesterday be re- 










considered. He did not think that relief 
was needed. 

The vote was reconsidered, by a vote 
ayes 41, nays 2. The bill was referred to 
_ the committee on finance. 

THE OALENDAR 
wastaken up. Bill for the protection of 
_ mechanics and laborers came up on its 
final reading. It provides that no property 
shall be exempt from a lien for work done 
upon it by any laborer or artisan. 

_ Mx. Boykin said he did not desire to re- 
_ new the long discussion of yesterday upon 
the bill. The bill was considered by the 
judiciary committee to be unconstitutional. 

Mr. Linney was satisfied that the Senate 
' had power to pass this bill. It would be 
_ lawful even if it were more far-reaching than 
as it now stands. 

Mr. Morehead said that Mr. Linney’s 
premises and conclusions were both wrong. 
He was in favor of the bill if it were con- 
stitutional, but as it was to his mind clearly 
not so, he would orpose it.’ It is alien on 
the premises. 

i Mr. Linney said that the homestead ex- 

' emption was not intended to exempt from 
four classes of indebtedness, of which one 
was debt for labor performed or work done. 

Mr. Dortch said that there was no doubt 
that the bill was unconstitutional. 

The bill passed its final reading by a 
vote of ayes 28, nays 10, as follows: 

Ayres—’ essrs. Alexander, Berry, Carter, 
Clarke, Costner, Cozart, Dotson, Eaves, 
_ Evans, Goodwyn, Graham, Gray, +! ampton, 

Jones, Linney, Lovill, Lyon, Mebane, Neill, 
_ Payne, Pemberton, Pinnix, Ramsay, Rich- 
ardson, Scott, of New Hanover, Scott, of 
Rockingham, Watson, Webb—28. 

Nays—“essrs. Battle, Black, Boykin, 
Dortch, Farmer, Hill, King, of Cherokee, 
King, of Pitt, Whitford, Woodhouse—10. 

Billio amend the charter of the Atlantic 
Coast I\ailway, passed its final reading. 

ill to punish the crime of poisoning, by 
making it felony and a penitentiary offense, 
punishable by imprisonment for not less 
than four months or more than ten years. 

_Mr. Pemberton spoke in favor of the bill, 
citing instances to show that it was abso- 
 lutely necessary. 

‘wr. Richardson took a similar view. The 
law was good, just, and ought to pass. 

For the bill was offered a substitute by the 
‘committee, which also contained a provis- 
ion that any person convicted of an assault 
with a deadly weapon with intent to kill, 
shall be punished by fine or imprisonment 
in the discretion of the court, or imprison- 
ment in the penitentiary not exceeding ten 
years. 

va. Watson moved to insert as an amend- 
- ment the words, ‘‘prompted by express 
_ malice towards the person whose life is at. 

tempted.” 

7 Bo 







































' passed its readings. 


Al its Regular Session, 1888. 73 


ment as necessary, as he thought the court 
ought to be allowed some discretion in 
this matter, and ought to beallowed to im— 
prison for an assault with implied malice. 
The courts ought to be authorized to im- 
prison in such cases. 

Mr. Pemberton also opposed the amend? 
ment. 

Mr. Alexander was opposed to sending 
persons to the penitentiary for less than five 
years. He regarded the penitentiary as a 
college for rascality. 

Mr. Linney moved to strike out the word 
‘“kill” and insert the word ‘‘murder.” 

Mr. Jones favored the amendment of Mr. 
Watson. 

™r. Dortch thought that Mr. Watson’s 
amendment should not prevail. 

The amendment was lost, by a vote of 
yeas 16, nays 22. 

Mr. Linney’s amendment was adopted. 
The substitute as offered by the judiciary — 
committee was adopted. The bill passed 
its second and third readings. 

Bill modifying the law in regard to the 
continuance of civil actions pending in the 
Superior Courts of the State, by forbidding 
it in many cases, was taken up. It was — 
favored by rr. Purnell, who said that it 
cured a hardship now felt by attorneys. 

r. Clarke opposed it, thinking the pres- 
ent law right. 

Mr. Linney deemed the proposed bill just, 
and thought the Senate should pass it, if it 
had the power to do so. He suggested a 
postponement. 


Mr. Strayhorn said the judiciary commit- 
tee at first thouzht the bill proper, but ou 
looking into it could not recommend it, and 
so reported unfavorably. It opened the 
door to many frauds. The present law was 
deemed good enough. 

Mr. Womack took ground against the — 
bill, and said it would be a decided hard- — 
ship upon plaintiffs in suits, and would be 
an injustice upon witnesses. He moved to — 
table the bill. 


The bill was tabled, by a vote of 20 to 7. 

Bill to pay Alonzo Huntly $200 for the 
capture of Joe Ross, passed, after a graphic 
explanation by Mr. Alexander, who stated 
that Ross had slain three men. 

Bill to designate a place for comparing 
the Senatorial vote in the 22d district, passea. 

Bill providing that lights be kept burning 
on the bridges above Wilmington, passed. 

Bill providing that the $25 tax fee shall 
not be levied on bills incorporating turn- 
pikes and toll bridges over non-navigable 
streams, failed to pass. ‘ 

Bill to restore the burnt records and lost 
wills of Cabarrus eounty, passed. 

Bill to repeal laws providing for the elec- — 
tion of cotton weighersSfor the town of 
Wilson, after remarks by Mr. Farmer — 












Nes 





_ Leave of absence was granted Messrs. 
Battle, Alexander, McLean and Gray. 
Resolution of instruction to the Attorney 
General, in regard to the holding by the 
‘Seaboard Railroad Company of a ma- 
jority of stock in the  arolina Central 
Company, instructing him to investigate 
he matter. Referred to the judiciary com- 
tee. 
Bill to establish a graded school in Lum- 
erton school district No. 70, passed, after 
marks by ¥ r. McLean. 
lill to protect laborers and. mechanics 
om dishonest actions of contractors, in 
failing to satisfy their claims for work 
done, was taken up. It was favored by 
Messrs. Scott and Clarke. 
Mr. Boykin said the bill made the con- 
ractor guilty ofa misdemeanor for the vio- 
tion of a contraot. 
ir. Strayhorn thought the bill was un- 
—neeessary, as a bill already passed pro- 
tected the laborers. 
‘yr. Clarke sent up an amendment pro- 
iding that the bill shall apply to the load- 
and unloading of vessels and cars. 
he bill was tabled. 
Bill relative to graded schools in Golds- 
o passed, after explanation by Wr. 
tech. It allows an additional tax to be 
ied if necessary, ete.; to hold prop- 
y, etc. 
ill concerning the service of summons 
s tabled. 
ill to prohibit the sale of liquor within 
and ahbalf miles of \ aiden, Catawba 
nty, passed its final reading. 
ill to change the fiscal year of the State 
from September 80th to November 30th, 
1en the accounts of the Treasurer, the 
uditor and of the charitable,and penal in- 
tions shall close. In December, annu- 
ly, the accounts shall be examined, by 
vo Senators and three representatives, who 
hall have the same per diem as members of 
issembly. The Governor shall, in his 
age, make estimates for the next two 
years. It passed its final reading. 
Bill to repeal the law relating to the sale 
Jiquor within three miles of Eden 
irch, Greene county, passed; to lay out 
lic road from Stonewall to the Neuse 
rer road by the use of convicts from that 
nty, passed final reading. 
ill allowing Pasquotank county to levy 
cial tax, passed. 
‘The Senate adjourned. 
_HOUSE OF REPRESENTATIVES. 
‘The House met at 10 o’cloek, Speaker 
ose in the chair. 
Prayer by the Rey. Mr. Gwaltney, of the 
econd Baptist church, of this city. 
‘The reading of the journal of yesterday 
dispensed with and it stood approved. 
PETITIONS. 
. Green, of New Hanover, petition to 


Th 












aby 
1) 










ne 












Proce dings of the General | ss:mbly of Noi 











AP Sw At * 


amend the public school law 
mittee on education. aN te 

Mr. Overman, petition from citizens | 
Morgan township asking for relief fr 
operations of the stock tam Pea 

REPORTS OF COMMITTEES. i 

The following committees reported upon 
the following bills favorably. 

Internal Improvements—To incorporate 
the Brown Mountain Mining Company. — 
To change the name of the Elizabeth City 
and Norfolk Railway Company. Py 

Judiciary—To allow the commissioners 
of Warren county to regulate the amount of. 
the bonds of their county officers. Sub- 
stitute for the act to change the number of 
jurors from five to three. To amend chap-— 
ter 234, laws 1881. To amend the charter 
of the town of Henderson. Toregulate _ 
the issuing of State grants for lands. To — ‘ 
require railroad companies to keep and _ 
maintain cattte guards. To amend chapter 
4, laws 1881. P 

Finance—To authorize thé commissioners 
of Currituck county to levy a special tax- 
To authorize the Auditor of the Stateto 
draw all warrants for the payment of 
money. 

Propositions and Grievances—To prohibit 
fishing on Sunday. To change part of the 
line between the counties of AW aban and 
Caldwell. 























































RESOLUTIONS. 

Mr. Hayes, of Robeson, introduced the | 
following resolution an¢ it was adopted un- 
der a suspension of the rules: "f) 
RESOLUTION OF INSTRUCTION TO THE ATTORNEY 

GENERAL. 


Whereas, it is alleged that the Seaboard 
& Roanoke Railroad Company is holding « 
controlling interest in the Carolina Central 
Railroad Company, by reasons of its having — 
purchased a majority of the stock of the lat- 
ter company, and whereas there are grave 
doubts whether the said Seaboard & Ro- _ 
anoke Railroad Company has any authority 
under its charter or under the laws of the — 
State to purchase and hold said stock, and 
whereas it ought to be the policy of the ~ 
State to encourage competition in railroad 
traftic and to prevent the growthof monop-  — 
oly power, and especially to prevent the — 
subordination of State railroads by other 
corporations having their termini in other 
States and run in the interest of foreign 
cities, therefore 

Resolved, That the Attorney General is 
instructed to examine into the matters 
herein referred to, and if in his opinion © 
there is reasonable ground for bringing an — 
action to test in the proper courts the right — 
of the said Seaboard & Roanoke Railroad 
Company to hold said stock, and to assert 


> ie 












i a Nig ei oa 


_. Peon 


a 












Norton. 
Leave of absence was granted to Mr. 
Page on accoun‘ of sickness, until Monday. 
UNFINISHED BUSINESS. 
The unfinished business of yesterday, 


_ pending the consideration of which the 


House adjourned, was taken up and passed 
_ its third reading, it being an act to amend 
_ chapter 68, laws of 1881. 
BILLS. 

_ The following bills were introduced, 
_ passed their first reading and were referred 

as follows: 

__ By “r. Stringfield, to prohibit the sale of 
liquor within four miles of Bethel Church in 
' Haywood county. Propositions and Griey- 

ances. \ 

_ Mr. Worthington, fcr the relief of Eliza- 

beth F. Pratt, of Chowan county. Propo- 
sitions and Grievances. 
“wr. Liles, to repeal the prohibition laws 
for the town of Lilesville. Propositions 
and Grievances. 

vir. Fulton, to prevent the felling of tim- 
ber in Ararat river in Surry county. Prop- 
ositions and grievances. 

Mr. Hamilton, to prevent the falling or 
rolling of timber into the French Broad. 
Propositions and grievances. 

Mr. cCurrie, to prevent the obstructing 
of North Vuddy creek: Judiciary. 

r. Speller, to regulate the working of 
convicts. Judiciary. 

Mr. ° arris, of Davidson, to prohibit cer- 
tain persons from practicing law. Judi- 
ciary. 

_Mr. Ray, to amend the stray law. Judi- 
ciary. 

»r, bailey.of * ecklenburg,to make valid 
certain probate deeds; to establish a mor- 
tuary table. Judiciary. 

Mr. Johnson, to amend chapter 27, of 
_ Battle’s Revisal. Judiciary. 

Mr. Belcher, to make it a misdemeanor 
_ for contractors not to pay their employees. 
_ Judiciary. 

Mr. Green, of New Hanover, to amend 

_ the school law of 1881. Education. 

_ Mr. Poe, in relation to school committee- 
men. Education. 

__ Mr. Tate, to incorporate the Platonic 

Literary Society, of Rutherford College; 
to incorporate the town of Glen Alpine, in 

Burke county. Corporations. 

Mr. Bullock, to incorporate the North 
_ Carolina Colored Christian Conference. 
_ Corporations. : 

_ Mr. Patrick, to provide for paying of 

jurors of the Superior Court their per diem 
-incash. Salaries and fees. 

Mr. Orouse, to change the lines of John- 
ston and Catawba Springs, in Lincoln 
county. 4 
“yr. Stanford, to facilitate the construc- 
of the Newbern and Beaufort canal. 


Lawrence, Eaton and Assistant Doorkeeper 





At its Regular Session, 1883. "5 


Mr. Williamson, for the better protection 
of estates of deceased persons. Judiciary 
committee. 

OALENDAR. 

The calendar was taken up and the fol- 
lowing bills disposed of as follows: 

Senate amendment to the act making it a 
misdemeanor to ride or drive faster than a 
walk over Aurora, Leashville and Wash- 
ington bridges. Concurred in. 

To amend chapter 37 of Pattle’s Revisal. 
Made special order for Tuesdcy next. 

To incorporate the supreme council of 
the acabus Home Aiding Society. Passed 
its third reading. 

To repeal chapter 117, laws 1879. Re- 
ferred. 

To amend the law touching the seduction 
of wemen. Informally pas ed over. 

To repeal chapter 95, laws 1879. In- 
formally passed over. 

To pay witnesses before justices of the 
peace in criminal cases. Tabled. 

To incorporate the town of Pate’s. 
Passed its second reading. 

To authorize Halifax county to fund its 
debt and levy a special tax to pay the same. 
Informally passed over. 

Senate amendment to the act incorpor- 
ating the Brown Mountain Vining Com- 
pany. Concurred in. 

To change the name of the Elizabeth 
City and Norfolk Railroad Company to that 
of the Norfolk and Southern Railroad Com- 
pany. 

Mr. Worthington said : 

Mr. Spraxer: After the introduction of 
the pending billin this House I received a 
communication from a gentleman in Eliza- 
beth City, urging objections to its passage. 
Since that time I have awaited patiently and 
hopefully the receipt of such communica- 
tions as would not leave the issue raised by 
such objection in doubt. I stand here 
ready to serve the people of Elizabeth City 
wheneverI can do so. Friendships have 
been formed with many of them, both sin- 
cere and tenacious, and I feel under peculiar 
obligations to serve them. I have had no 
opportunity to debate the merits or demerits 
of this bill. I know nothing of them, and 
I do not feel justified in giving color to an 
opposition for which, from my meagre in- 
formation, Ihave been unable to discover 
substantial reasons. 

The bill then passed its third reading. 

Substitute for the bill for the protetion 
of crops in certain localities, passed second 
reading. 

To amend the law, incorporating the 
Raleigh Gas Light Company, passed third 
reading. 

To make it a misdemeanor to deface 
signs, notices, &c., passed third reading. 

Mr. ¥cLoud moved to reconsider the 


vote by which the resolution of instruction me 











76 


° 
to the Attorney-General was adopted, and 
to refer to the judiciary committee. 
Mr. Worthington was in favor of recon- 
-sidering. 
Mr. Hayes, of Robeson, was opposed to a 
reconsideration, asno advantage had been 


taken in its passage and no one could bring | 


any argument against the principles in- 
volved in the resolution, and he did not see 
the use in reconsidering. 

Mr. Robins was in favor of reconsidering 
so as to make it a joint resolution. 

Mr. Harris, of Wake, was opposed to a 
reconsideration because the resolution was 
simply to investigate and give light, and 
what the people of North Carolina wanted 
more than anything else was light on the 
railroad transactions of the past two years. 

-r. Rose thought that this resolution was 
another instance of rapid legislation, and 
he thought the vote ought to be reconsid- 
ered by which the reselution passed. 

r. Sutton was opposed to the motion 
because the people wanted light. 

Mr. Strudwick said if it was proposed 
merely to reconsider to make it a joint res- 
olution, he was in favor of reconsidering, 
but if for any other purpose he was opposed 
to it. 

Mr. Peebles was in favor of reconsidering 
because the resolution to be effective must 
be a joint resolution. 

Mr. Sherrill was in favor of recunsidering 
because the only way to get light was to 
refer to a committee. 

¥r. McLoud wished to reconsider, so as 
to get the matter in such shape as will 
make it command respect and enforce obe- 
dience. 

Upon a vote being had the motion to re- 
consider prevailed. 

Mr. Hayes, of Robeson, moved to amend 

’ by making it a joint committee. 

Mr. Ray moved to refer to a select com- 

mittee of five. 
_ Mr. Hayes, of Robeson, said that he 
would abide by the resolution as introduced 
by uim; that it wa® a square fight, and 
that if he went down he should go down 
standing by those principles. That it would 
do no good to refer to a select committee. 

Mr. Strudwick was opposed to refer, be- 
cause he did not see any good end to be 
subserved by that course. 

Mr. McLoud was in favor of passing the 
resolution, and letting it goto the Senate. 

Mr. Green, of New Hanover, agreed with 
Mr. Strudwick, and thought the resolution 
ought to be passed and not referred. 

The motion to refer was, upon a vote 
being had, lost. 

The amendment to the resolution was 
adopted, and the resolution, as amended, 
was then adopted. Ayes 102, nays 3, 
Messrs. Bailey of Mecklenburg, Bailey of 
Wilson and Brown voting in the negative. 

Mr. Bailey, of Wecklenburg, explaining his 


Proceedings. of "Wee General aasentiy eign Carolina, * 








{ 


vote, said that without reference to the 
merits of the resolution, he thought it a 


dangerous precedent to pass such a resolu- 
tion without a reference to a committee. 

To provide for the counting of votes de- 
posited in the wrong box. Tabled. 

To allow the commissioners of Warren 
county to regulate the bonds of county offi- 
cers. Passed its third reading. 

To amend the landlord sind tenant act. 
Tabled. 

To amend chapter 72, laws 1868-69, 
Passed its third reading. 

To amend the charter of the town of 


Hendersonville. Passed its second read- 
ing. 

To incorporate the Centurion Penevolent 
Society. Referred. 

To amend the charter of the town of 
Henderson. 


Mr. McCotter thought if this bill was 
passed it would be against the interest of 
the poor men of t' at town, hence he could 
not vote for the bil!. 

Mr. William, of Granville, said no 
man would go further than he to protect 
the poor man, but it was the unanimous 
wish of the people of that town. 

The bill was further discussed by Messrs: 
Herris of Wake, Bailey of Mecklenburg, 
McCotter, McLoud, Lenoir, Frazier, Sut- 
ton and Holt. The bill then passed its third 
reading. 

The hour for adjournment having ar- 


| rived the House adjourned. 


SENATE. 
TWENTY-SECOND DAY. 
SaTuRDAY, January 27. 

The Senate was called to order at 10 

o'clock, President Robinson in the. chair. 
PETITIONS. 

Mr. King, of Pitt, petition for prohibi- 
tion within three miles of May’s Chapel and 
Berea church, in Pitt county. 

Mr. Hampton, a petition from citizens of 
Fall Creek Township, in Yadkin county, 
asking for the appointment of J. *. Dob- 
bias, as a justice of the peace for said town- 
ship. Referred to the committee on ap- 
pointment of justice of the peace. 

Mr: Toon, for prohibition at Parker's 
school house, Robeson county. 5 

Mr. Woodhouse, petition for a graded 
schoo] at Edenton. Relating to the Elizabeth 
City and Norfolk Railroad. 

Mr. Clark, petition protesting against an 
increase of taxation, and petition against a 
no-fence law. ‘ 

Leave of absence was granted the Sena- 
tor from Halifax till after Tuesday next. 


BILLS, ETO. 


Mr. King, of Pitt, introduced a bill pro- 
hibiting the sale of liquor in three miles of 
May’s chapel, Berea and Penny Grove 
church. d 





j 
/ 


a 










































Mr. Lovill sent in a communication from 
hn B. Hand on education. 
Mr. Linney, a bill authorizing Statesville 
_ to fund its bonded debt. 

: aa Jones, bill relating to probate of 

Bs 
Mr. Pemberton asked for a reconsidera- 
on of the billin regard to dirt turnpikes, 
which failed to pass yesterday. It was re- 
considered and referred. 
Mr. Pool asked that the bill in regard to 
ing in Pamlico and Tar rivers be recom- 
itted. Agreed to. 
_ Mr. Farmer introduced a bill to lay out 
and construct a public road from Stonewall 
to pe Neuse River Road, in Pamlico. Re- 
ferred. 
| Mr. Strayhorn desired to state that he 
voted for the laborers and mechanics bill 
yesterday, and his name was not recerded. 
_. “r. Payne, bill to amend the Constitu- 
tion so as to create two additional associate 
Justices of the Supreme Court and to pro- 
vide forthe election of the same. Referred. 
_ Mr. Richardson, memorial and bill to re- 
peal the prohibition act at Fellewship 
hureh. 
The Governor’s message was received 
from the House; with the report of the 
Agricultural Department. 
__r. Scott, of Rockingham, bill incorpo- 
rating the Wilmington, Chadbourn and Con- 
-wayboro Railroad, in Columbus. A substi- 
‘tute was offered, which passed. 

f CALENDAR. 
_ Senate bill fora graded school in Robe- 
‘son was taken up. As the Senator from 
“Robeson was not in his seat, and as Mr. 
“Pemberton said he wished to examine the 
pill further, it was referred. 
__ Mr. Dortch, bill for a graded school in 
Goldsboro, passed its readings. 
__ Bill giving Pasquotank county power to 
Hlevy a special tax, passed. 
' An act for the relief of disabled 
federate Soldiers. (Gives $3 a month to 
onfederate soldiers who lost one leg, 
ie eye, Onearm,) was taken up on motion 
of Mr. Toon, who said : 
» ‘Mr. Preswpenr: I introduce the bill 
for the relief- of an unfortunate class of 
worthy citizens in every county in the 
State. It could be made an occasion for a 
grand display of eloquence and considerable 
combast, but this would not answer the 
I i This would not give re- 
i Leaving out/the many forcible 
Teasons this bill suggests to the minds of 
every Senator in this chamber—reasons ar- 
rising from true nobility of heart, I piace 
it upon the broad ground of humanity. 
These living monuments of devotion io 
inciple, connecting links with the dying 
ments of our highest and noblest aspira- 
S as patriots, are badly prepared to 
rugele with the difficulties of life. Es- 
0} ince age 


on- 


wai 





adds its heavy | 


At its Regular Session, 1883. 


U7 


burdens to misfortune. Whatis the limit 
of our charity? Are we as a State able. 
We are able at least to let them know they 
are not forgotten by giving them even a 
small amount to lighten their burdens.” 

In view of an amendment which the 
committee had recommended should be 
made the bill was referred to a committee. 

Mr. larke called up the bill to elect jus- 
tices of the peace by the people. 

Mr. Farmer moved to table it. 

r. Ramsay demanded that the yeas and 
nays be called on that motion. The vote 
was, yeas 27, nays 12. 

Mr. Purnell moved that the bill for re- 
storing to the people their right to elect 
county officers be taken up. 

vir. Poole moved to lay the bill on the 
table. 

Mr. Strayhorn said he knew-the gentle- 
man didn’t want it discussed, but he hoped 
the gentleman would yield and allow it to 
be made a special order. 

Mr. Poole yielded. 

Mr. Strayhorn asked to have it made the 
special order for 12 o’clock next Tuesday. 

Mr. Poole insisted on his motion to lay 
on the table. 

~r. Watson—Owing to the ancient and 
frazzled condition of the matter in the bill 
I second the gentleman’s motion. 

The bill was tabled, on a party vote. 

Mr. Speight called up his bill to exempt 
agricultural and mechanical implements, 
increasing the exemption to $50 instead of 

Mr. “orehead moved to postpone to Sat- 
urday, February 10, when it could conic in 
with the revenue bill. 

Mr. Speight asked for the ayes and nays. 
The vote stood—ayes 22, nays 15. 

Vr. Watson opposed the bill. He styled 
it class legislation, aimed at the exemption 
of the negro from poll and property tax, fo 
throw the burden of taxation on the better 
class of farmers. He warned the other 
side that the white people of the State 
were getting tired of paying taxes to edu- 
cate the negro when they were paying nene 
for themselves. He was in favor of an ad 
valorem tax, with exemption for no man or 
no class. 

Mr. Womack moved to amend that every 
man in the State be exempt to the amount 
of $50 on his personal property. 

Mr. Clark said the amendment was good; 
he would vote for it, but he did think that 
when many a poor man had. hard luck and 
wasn’t. worth $50, that heought to have 
that exemption. , 

r. Jones, of Henderson, offered an 
amendment that the title to the bill be 
changed to ‘‘act to exempt the Republican _ 
party from taxation. (Laughter.) 

Mr. Linney: The Senator from Craven 
spoke of the man of hard luck being ex 
empted. There is an old adage, that ‘‘more 





r “ i » 
yeahh 





( 


, 


78 


by hit than good wit do men succeed.” It 
is pluck and not luck that makes honest, 
noble men. Luck destroys them, pluck 
mukes them. There is no idea of Inck in 
taxation. Bad luck exemption is violative 
of the idea of justice. The exact measure 
of protection is the exact boundary of taxa- 
tion. 

r. Purnell thought gentlemen hadn’t 
the fortitude to stand the discussion. There 
were others than negroes in the Republican 
party, who paid their taxes. 

On motion of Mr. Dortch the bill was 
made a special order. Adjourned- 


HOUSE OF REPRESENTATIVES. 

The House met at 10 o’clock, Speaker 
Rose in the chair. 

Prayer by the Rev. E. R. Rich, rector of 
the Church of the Good Shepherd of this 
city. 

PETITIONS. 
jr. Peebles, from citizens of Weldon 
township, in Halifax county, concerning 
the appointment of justices of the peace 

Mr. Liles, petitions for and against the 
repeal of the local prohibitory laws of Liles- 
ville. 

Mr. Simmons, by request, petitions ask- 
ing for a new county to be formed out of 
Beaufort. 

Mr. :yrd, from citizens of Yancey 
county, asking that Caney River Baptist 
church be incorporated. 

REPORTS OF COMMITTEES. 

Reports were made by various commit- 
tees on the following bills: 

To regulate the manner of drawing ju- 
rors. Substitute for an act to repeal chap- 
ter 117, laws 1879. To change chapter 27, 
Battle‘s Revisal. To amend chapter 200, 
laws 1881. To amend chapter 138, laws 
1881. To incorporate the North Carolina 
Colored Christian Conference. Substitute 
for an act to make valid certain irregular 
probate of deeds. To amend chapter 341, 
Jaws 1881. To remit tax fee on _ Dill 
to incorporate the Wilkesboro Bridge 
Company. For the better protection of the 
estates of deceased persons. To prevent 
the obstruction of North Muddy Creek, in 
McDowell county. To incorporate the town 
of South Mills, in Camden county. To 
make it a misdemeanor for contractors not 
to pay their employees. To prevent the 
telling of timber in Ararat river, in Surry 
county. To amend the stray law. To in- 
corporate the Weldon and Garysburg Road, 
Bridge and Ferry Company. Substitute for 
an act to incorporate the town of Maiden, 
in Catawba. To authorize the commis- 
sioners of Cherokee county to issue bonds 


aad for other purposes. 


BILLS. 

The following bills were introduced, 
passed their first reading and were referred 
as follows : 


Proceedings of the General Assembly of North Carolina, | 






Mr. Bailey, of Mecklenburg, to regulate 


appeals from. allotments of exempt prop- 
erty. Judiciary commitee. 
Mr. Poe, to repeal the law amending the 


law prescribing the duties of coroners. Ju- — 


diciary committee. 

Relating to the Board of county commis- 
sioners. Judiciary committee. 

‘ r, Ball, to prohibit the sale of liquor in 
certain localities in Madison county. 

‘r. Simmons, by request, an act to lay off 
a new county to be called Richland. Com- 
mittee on propositions and grievances. 

By Mr. Hayes, of Swain, to authorize the 
commissioners of Swain county to sell cer- 
tain land bonds. Calendar. 

‘y Mr. Proctor, to repeal chapter 65, of 
Battle’s Revisal, (relating to liens). Cal- 
endar. 

By “r. Pitman, to incorporate the Elm- 
wood Cemetery Association. Corporation. 

By Mr. Newell, to repeal the purchase 
tax on dealers in spirituous liquors. 
Finance. 

MESSAGES. 

A message was received from His Ex- 
cellency the Governor transmitting the re- 
port of the Department of Agriculture. 

From the Senate informing the House 
that the Senate had passed an act to incor- 
porate the Rutherford Railway Construc- 
tion Company. 

CALENDAR. 

The calendar was taken up and the fol- 
lowing bills disposed of as follows: 

To incorporate the town of Pate’s. Third 
reading. 

Substitute foran act to provide for the 
better protection of crops in certain locali- 
ties. Third reading. 

To amend the charter of the town of 
Hendersonville. Third reading. 

To incorporate the North Carolina Col- 
ored Christian Conference. Third reading. 

Toamend the laws relative to the ap- 
pointment of cotton weigbers for the town 
of Weldon. Informa'ly passed over. 

To incorporate the Loftin Silver Lead 
Mining Company. Third reading. 

To incorporate the tright Light Gold 
Mining Company. Third reading. 

To incorporate jthe Mikado Gold Mining 
Company. Third reading. 

To submit to the voters of Davie county 
the question of the stock law, made on mo- 
tion special order for 11 o’clock Friday next. 

To prevent fraud in weighing cotton. 
Withdrawn by Mr. McCotter by consent. 

To incorporate the St. John’s Agricultu- 





ral and Mechanical Association. Third 
reading. 
To amend the landlord and tenant act. 
Mr Green, of Franklin said that the act 
proposed to strike out in the present law 


| the word verbal so as to make all contracts — 


| 
| between landlord and tenant act. : 
| Mr. Harris, of Wake, thought the 


















At its Regular Sessicn, 1883. 


be amended as the bill proposed ; Holt, Houston, Johnson of Johnston, King, 
ind thoved to recommit to the committee | Lenoir, Liles, McAllister, Marsh, Vatheson, 
judiciary, which was adopted. * athis, * yers, Overman, Peebles, Philips, 
0 exempt ministers of the Gospel from | Posey, Ray, Reynolds, Riggs, Robins 
certain duties. Tabled.’ Sandifer, Sherrill, Simmons, Stanfor 
_ Iu regard to the Superior Court Clerk of | Steed, Stewart, Strulwick, Tate, Thomp-— 
Perquimans county. Tabled. son, Tomlins, Turner, Walker, Williams of 
_ To prohibit the sale of liquors to lunatics | Granville, Williamson, Wilson, Worthin 
andidiots. Tabled. ton—5dl. : ‘ 
To amend section 369 of the code of civil Nays—-Messrs. Baker, Belcher, Pledsoe, 
procedure. Bradley, Pridgers, Brown, Bruce, Bryan, 
Mr. McLoud moved to amend by insert- | Bullock, Cain, Candler, Covington, Cheek, — 
ing the word “‘shall” instead of ‘‘may.” | Frayser, Green of New Hanover, Hamil 
ia Carried. The bill then passed its third | ton, Harrison, Harris of Wake, Hayes of 
- reading. Robeson, Hayes of Swain, Henderson, 
To extend the time to redeem land sola |! Hewlin, Holton, Jenkins, Johnson of 
_ for taxes. Passed its third reading. Craven, Landreth, Leary, Lineback, Mc- 
_ To amend chapter 240, laws 1874-75, | Cotter, *cLoud, Mitchell, “ontgomery, 
_ made the special order for Thursday of | Newby, Newell, Patrick, Person, Pittman, 































































_ next week. ! Poe, Proctor, Reade of Person, Smith, — 
a MESSAGE. Speller, Stokes, Sutton, Temple, Wileox— 
_ , Amessage was received from the Senate | 44. ) 
_ informing the House that the Senate had Leave ef absence was granted to “r. 
_ passed a bill to incorporate the Wilmington, | Rose. 
_ OChadbourn and Conwayborough Railroad Resolutions of instruction to members of 
_ Company. Congress relative to the pension law, passed 
_ On motion of Mr. Williamson the rules | its third reading. P 
_ were suspended and it was taken up and Mr. Brown introduced a resolution to 
_ passed its third reading. allow the Engrossing Clerk t6 employ an — 
Judges Graves and Avery were given | assistant, and it was taken up under a sus- — 
_ seats on the floor of the House. pension of the rules and passed its third — 
OALENDAR (RESUMED). rea ling. 5 1 
To change part of the line between Wa- Bill to make all railroads subject to all — 
_tauga and Caldwell counties. Informally | laws passed in reference to regulating — 
_ passed over, : freight and passenger charges. 
_ __To amend the charter of the town of Shoc Mr. Rose moved to refer to joint co 
_ Weel. Passed its third reading. mittee on railroads, and his motion was di 
i) Relating to Caldwell and Watauga Turn- | cussed by Messrs. Bailey, of Meckle 
- pike Road. Passed its third reading. burg, Robins, Strudwick, Holt, McLou 


4 Relative to amending the election law. | Overman, Lenoir, Peebles and Harris, o 
_ Mr. Hayes, of Robeson, wished to know | Wake. i ra 
_ why the bill did not pass the committee. r. Rose withdrew his motion to refer. — 
~ For his county, it was needed. Mr. Bailey, of ¥ecklenburg, called for 
_ Mr, Sherrill asked it the register would | the ayes and nays, which was sustained, 
_ get pay if he was compelled to stay athome | and the bill passed its second reading b 
to take the names ? vote of 95 to 1, “Vr. Smith voting m th dy 
___-Mr. Holt stated that it did not pass the | negative. The bill then passed its third 
committee for the very reason incorporated | reading. aaa 
_ in the question of “1. Sherrill. 
_ Mr. Robins thought it would open wide A MESSAGE 
the door for fraud, and moved to table the A 1 
bill, but withdrew it to allow vr. Harris, of | was received from the Senate informing the - 
- Wake, to discuss it. House that the Senate had passed the | ns 
“tr, Harris, of Wake, thought if gentle- | lowing bills : P pe 
men accepted official positions they ought Senate amendment to the bill to amend 
_ to be compelled to discharge the duties, | the charter of the Atlantic Coast Line Rail-— 
_ and wished to have the bill recommitted for way. Concurred in. ie 
the purpose of having a substitute prepared. For the better prevention of murder 
He, according to promise to Mr. Robins, | poison. : BES) 
renewed his motion to table, and called for An act for the protection of mechanics 
tho yeas and nays. The call was sustained | and laboress. tadvii 
and the bill was tabled, by the following Mr. Cowell introduced a resolution in re-_ 
ote ss aes : : gard to instructing the members of Con, 
‘ oress relative ta the revenue of light houses 
lemendar. : 





: 




















































_ essr's. Anderson, Bailey of Wil- 
Baum, call, Bennett, Bower, Bunn, 








ess 


t 





















Bry OALENDAR (resumed. ) 

' To protect the estates of deceased per- 
: ns and lunatics. ’ 
ending the consideration of this bill, the 
‘hour for adjournment arrived, and tbe 
louse stood adjourned. 


An Act Concvroing Kaitlreada 


+ (Introduced by Mr. Bailey, of Yecklen- 
> burg. Sections 2,3 and 4 added by Mr. 
- Lenoir. ] 

The General Assembly of North Carolina 
‘do enoct Section 1. That all railroad com- 
panies in this State, as well those heretofore 
artered those which have been or may 
e chartered since the 20th day of January, 
83, shall be subject to any laws that may 
be passed by the General Assembly of North 





Carolina regulating freight and passenger 
ates. 
_ Sec. 2. All companies incorporated under 
e laws of this State, and having the right 
pmake, acquire, lease or operate any rail- 
ad?or part of a railroad in this State, are 
ilroad companies within the meaning and 
‘operation of this act; and the charters of 
yl suca companies, chartered before the 
passage of this act, are hereby amended so 
as to make section 1 of this act a part of 
’ each such charter as fully as thoughit were 
pressly inserted in it as a part thereof. 
nd every such charter granted after the 
assage of this act shail be construed as 
though section 1 of this act were expressly 
inserted in it as a part thereof. 
Sec. 3. Every law of this State granting 
amy corporation not chartered under the 
» Jaws of this State any right to make, ac- 
) quire, lease, or operate any railroad, or part 
; arailroad, in this State, is hereby de- 
ared to be null and inoperative as to such 
ght till such corporation has been incor- 
orated under the laws of this State. 

Sec. 4. Every railroad, or part of a rail- 
road, in this 
ame general laws for the regulation and 
trol of railroads as though it were in 
the hands of a corporation chartered under 
phe laws of this State. 
Sec. 5. This act shall take effect from 
after its ratification. 






























SENATE. 
TWENTY-FOURTH DAY. 
ey? Monpay, January 29. 
‘The Senate was called to order at 10 a. m. 
Mr. Ramsay asked that the name of r.- 
on, of Bladen, be added to the committee 
m finance. It was done. 
Mr. Carter, a petition from citizens of 
nee county asking a repeal of prohibition 
_ within four miles of Middleburg. 

_ The committees sent in reports. 


State shall be subject to the | 













*'r. Pool moved to suspend the rules and 
take up the bill to change the name’ of the 
Elizab: th City and Norfolk Railroad Com- 
pany to that of the Norfdlk and Southern’ 
Railroad Company. ie 

‘ rk. PrestpEnv: In behalf of the com- 
mittee on Internal Improvements, I este 
to make a statement in regardto this bill, — 
Karly in the session of the General Assem- 
bly, Dr. Cowell, the representative from 
Currituck county introduced this bill by 
request. The Senators and Representa- 
tives from the eastern portion of the State, 
soon discovered from the papers published 
in Elizabeth City, that there was some op- 
position from the people of that town. In 
order that the people of Elizabeth City 
might be heard, and both sides have an op- 
portunity to present their case\to the com- 
mittee in the House of Representatives, the 
bill was held over for a eonsiderable time, 
about twenty days I believe, and the people 
of Hlizabeth City notified, to send a repre- 
sentative, orin any other way that they 
thought best, give ‘the committee the 
grounds of their opposition. From the best 
information that I can gather the opposi- 
tion to the change of name was based upon 
these grounds to-wit: 1st. Amere genti- 
mentality in regard to the name of Eliza- 
beth City. 2nd. That by changing the 
name of said railroad, Hlizabeth ity would 
be deprived of the benefits of an advertise- 
ment which the name now gives that town. 
After waiting . about twenty days, no 
one appeared before the committee of 
tbe House, and there was no opposition 
to the billexcept by two papers published 
in Elizabeth City—the ‘HWeconomist and 
‘‘Walcon,” and a small petition from Eliza- 
beth City, signed by a few of its citizens, I 
will read tie petition: 
To. the Senate and House 

of North Carvlina ¢ 


The undersigned petitioners respectfully 
represent to your honorable body that a 
change of the name of the ‘Elizabeth City 
and Norfolk Railroad, as proposed in a bill © 
before you, would be unjust and getrimen- 
tal to this part of our State, and they there- 
fore petition that the bill to ehange the © 
name be rejected. ; 

Can any one see any reason in this peti- 
tion why the Elizabeth ity and Norfolk 
Railroad Company should not be allowed to 
change their name? I apprehend, Mr. 
President, the reason why the petition does 
not set forth any grounds why the bill 
should not pass is because there was no 
good reason. The committee, after a care- 
ful examination of the bill, reported unani- 
mously in favor of its passage. I am in- 
formed the bill passed the House in the 
same way that it passed the committee, by — 
a unanimous vote. It then came_to th 


ne ey 


of Rep esentatines 

























































i 
Fy) 


3 Weland was referred to the committee 
on internal improvements. The Senate 
committee held a meeting, and the attorney 
the railroad made a brief statement why 
Railroad Company desired the change. 
e stated that the company desired to 
change its mame, not in any spirit 
f revenge or in ordertodo the people of 
Elizabeth City any injustice, but because 
‘the road having been extended beyond 
Elizabeth City the present name was too 
- much of a local character and they wanted to 
-eall it ‘‘Norfolk and Southern,” because un- 
der that name they could extend their road 
to any point south, without being compelled 
to make change every time the road was 
extended. The only opposition before the 
Senate committee was a small petition from 
parties who live in Currituck, near the Vir- 
-ginia line, who have no interest in the mat- 
‘ter. The Senate committee unanimously 
“agreed to report in favor of its passage, and 
‘the bill is now before the Senate. Now, 
‘Mr. President, if the people of Elizabeth 
City owned stock in this road, or had 
granted certain privileges in consideration 
' of the fact that the railroad company was 
‘to name their road after the town of Eli- 
“zabeth City, then and in that case, they 
Would have some ground of opposition, but 
-am reliably informed that the facts are 
that they;do not own one dollars worth of 
stock, did not contribute a dollar to build 
‘the road and didnot give a foot of ground 
on which to build depots, wharves, ete. 
_ It would give me pleasure to serve the 
people of Elizabeth City in any manner not 
‘inconsistent with my duty, and if in this 
‘instance they could have shown any good 
and just reason why the name of the Bliza- 
“beth City and Norfolk Railroad should not 
be changed, Iwould have advocated their 
cause earnestly and zealously, tor my child- 
a hood days were. spent in that town, and 
pleasant recollections of the past cluster 
‘ ound my memory. I would gladly do 
“anything in my power to contribute to their 
success and pr osperity, but when asked to 
do anact of great injustice to a railroad 
company because of my friendship for the 
ople of Elizabeth Citv, I am compelled to 
cline. 
We want foreign capital to come to North 
Carolina to vuilderailroads, and then how 
surd it would be when they do come to 
fuse to allow them theright to name their 
own roads. This, in my “judgment, is so 
preposterous that I do not see how any one 
an entertain it fora moment. Before the 
i: attorney orany other representative of the 
Blizabeth City & Norfolk Railroad’ ompany 
came to Raleigh, two editorials appeared in 
he Falcon,” a paper published in Hliza- 
th City; one under the title, ‘‘It must be 
by d the other “On account of the 


At He Cie Session, 1883. 


‘that however it is considered by the recipi- 


i Sh aoe Os 
; i 











with directions to invest where they can se- 
cure the largest returns. But whether or 
not they are supplied with the ‘sinews of 
war,” they are there to represent their side 
of the case in the best light, and for all we — 
know to misrepresent ours.” 

Il. ‘‘How many members of our presen 
Legislature went to Raleigh on free passes 
issued by the railroads? "To say that three- 
fourths of them are so provided would bea __ 
very liberal estimate. These men have 
dead head passes made out in this form: — 
“Pass Mr. A. from to on account — 
Legislature.’ Now ample provision is 
made for the payment of the traveling ex- 
penses of members of the Legislature. They 
are paid from the public treasury five cents 
each way for every mile they travel in at- 
tending the Legislature—and this is more 
than any railr oad in the State charges. The 
dead head ticket makes their “mileage, i 
drawn from the treasury, a clear bonus for , 
which they are indebted tothe railroadcom- 
panies. 

(an any one guess why these passes are 
issued? Does any one suppose that the 
railroad companies are distributing these 
passes out of pure goodness’ of heart ? Does 
any one think that when legislation comes 
up effecting the interests ot these roads, 
each member who has become the _ benefi- 
ciary of these roads does not feel under de- 
cided obligations to them ? malt 
We affirm that this is highly improper, 

eh 


4 
“The railroad company have their agents Bs, 
ai the State capital working untirely for 
the success of their measure. Doubtless 
these agents are well supplied with funds, 











ients, it is given by the companies in the 
nature of a bribe.” zh 
In answer to the author of these articles — 
which I have just read, I have this to say, 
that if the writer means to say, by intima — 
tion or otherwise, that the Senators and — 
Representatives from the eastern part of 
the State, or any other part of the State, 
have been influenced by improper or cor- on 
rupt motives to vote for this bill, thenIT de- 
nounce it as an infamous and malicious 
slander, and I hope that every Senator in 
this chamber will vote for the bill, as a re- 
buke to this little blackmailing sheet. The 
bill was passed by the House committee 
unanimously, by the House of Representa- 
tives unanimously, by the Senate commit- 
tee unanimously, and I now ask that the 
Senate pass it unanimously. mi 

Mr. Speight thought the Senateshould be 
unanimous in the passage of ‘tr. Pool’s — 
bill. It passed its third reading unani- 
mously. o 

Mr. Watson, bill for the relief of A. Ker-— 
nan, railroad tax collector for Forsythe 
county, passed its second reading. i 
An act to incorporate the Hibernian Bey ie 
puerent. oon, of ee ae 



























































Mr. Payne accepted the amendments and 
oped the bill would pass. It passed its 
third reading. 

Bill authorizing the commissioneis of 
Granville to levy a special tax. Mr. Cozart 
‘stated that he withdrew his amendments. 
The bill passed its second reading. 

Bill to amend and construe the act,in re- 
‘gard to county treasurers. The bill pro- 
posed to leave it to the discretion of the 
county commissioners to abolish the oflice 
nd let the she iff make all the disburse- 
ents. 

Mr. Webb spoke in favor of the bill and 
said it ought to pass, 

» Mr. Morehead was doubtful of the pro- 
‘priety of allowing the commissioners to 
abotish the offce of treasurer; that he acted 
sacheck on the sheriff, like the auditor 
m the treasurer; but he was in favor 


‘ie 
\ > ys 


Vr. Black thought the bill a good one, 
but was opposed to the amendment allow- 
¢ the sheriff two and one-half per cent. 
nd thought one and one-half per cent. 
ufficient. 
vir. Webb thought two and one-half per 
cent. too much for the sheriff. 

) Mr. Womack thought the bill should be 
‘passed over, as Wr. McLean of the com- 

“mittee was not present. 

¥r. Scott, of Rockingham, said that for 

\ the very reason which the Senator from 

' Guilford gave for favoring the bill he was 

' opposed toit. He repeated that the treas- 

/ urer was a balance wheel to the county 

_ government. 

' wx. Boykin insisted on the motion of the 

| Senator from Chatham to pass over the bill 

‘informally. This was then done. 

» Wr. Evans withdrew his stock law bill 
’ for Caswell, in order to make certain modi- 


"_Bill to prevent the erection of artificial 
"islands in the navigable sstreams of this 
State. A substitute for the bill was offered 


rectly would take in all the mill ponds in 
the country. 
Mr. Pemberton said \r. Caho explained 
tothe committee if was to prevent duck 
unters from building ‘turns,” which would 
dam the water and make rafts. 
Mr. Jones said the word ‘‘navigable” 
wasn’t in the substitute and would make 
every mill pond liable. The substitute 
says ‘‘any water.” 
“yr. Woodhouse asked if the gentleman 
ould explain what navigable water was. 
) He hadn’t been able to find a lawyer in the 
State who could tell. *r. Jones offereed 
an amendment ‘‘navigable streams.” 
. Mr. Speight said if he understood the bill 
“was for the protection of the ducks 
ainst the multitude of hunters, many of 
_ them coming from the south. 
_ Mr. Watson proposed that the bill be 





| which Mr. Jones said if “he understood cor- | 


Ri. mee) ; 


made applicable only to sisted 
counties, and not apply to the 
counties. of 

Mir. Woodhouse was satisfied with 
and the bill was recommitted. 7 
Pill to amend the landlord and tenant act, 


tl i 


‘unlawfully, knowingly and unjustly.” ra 

“yr, Strayhorn advocated the bill. 

Mr. Hill thought the bill a good one as — 
against a few mean landlords, who would 
take advantage of their tenants. ‘ 

-y. Jones was in favor of protecting the — 
tenants, but wanted the bill framed in a bet- ~ 
ter manner. It was improperly drawn, and 
would not answer the purpose. ¥, 

Mr. Womack saw no need of reference; 
thought the bill should pass. : 

Mr. Black was opposed to the ,bill, 
thought we were making too many crimes. — 
He couldn’t see where the tenant would be 
hurt in this matter. If we enact a law of 
this kind it would cause a great many little 
indictments and throw the cost on the 
counties. s 

*r. Scott, of Rockingham, offered an 
amendment: Add after ‘Ikaowingly” the 
words “and without process of law.” 

‘Myr. Watson said he would favor the bill 
with that amendment. 

vr. Strayhorn said that the law vests the 
whole crop in the landlord and it was 
merely to protect the tenant. 

Mr. Morehead said he was in favor of the 
bill, but would like te know what objection 
Mr. Strayhorn could have to Mr. Scott’s 
amendment. 

The amendment was adopted and the bill 
passed its third reading. 

Resolutions instructing our Senators in 
Congress not to consent to the renewal of 
the reciprocity treaty with the Sandwich 
Islands were taken up. ‘ 

Mr. Payne moved to table the resolutions. 
They were tabled. 

Bill to reduce bonds given by register of 
deeds. Indefinitely postponed. 

Bill to prevent felling of trees in North 
Hunting \ reek, Alexander county. Passed 
its third reading. 

Billauthorizing chairmen of finance com- 
‘mittees‘in the State to administer oaths. 

r- Morehead asked if it was a general 
power. 

+r. Boykin thought the bill not in accor- 
dance with the law concerning perjury, but 
moved that it be referred to the committee 
on judiciary. It was referred. 





rill to extend the time for paying State 
taxes in the eounty of Dare. Passed third 


reading. 
Bill for amnesty and pardon to certain 

persons accused of selling liquor without hi- 

cense. Mr. oykin explained that the bill 

provides for that class of persons who were. 

supposed to have vi 1G ‘ 

Si * \ fey aoe i 








4 
« 


thes 







making the landlord guilty of a misde- — 
meanor when seizing the tenant’s property 


. 


* 


h 
y 


’ 


; 


a 





Mawes eet 
Oy We 











































hibition in the State. 

Mr. Pemberton thought the bill would go 
along ways in settling dissatisfaction on 
e subject and hoped it would pass. 

' Mr. oreheud asked that it be passed 
_ over for the present. It was so done. 

_ Billto exempt bank officers from jury 
duty was tabled. Bill defining false pre— 
' tenses was tabled. . 

Mr. Watson gave it as his candid opinion 
at the passage of this bill would crowd 
ery criminal docket in the State. Mr. 
“Webb, ¥r, Black and Mr.. Toon favored, 
and ¥r. Morehead, Mr. Strayhorn and Mr. 
“Womack opposed it. The yeas and nays 
were called on Mr. Womack’s motion to 
table. Tabled—yeas 27; nays 11. 

' Wr. Morehead called up the bill for am- 
“nesty and pardon to certain persons tor sell- 
‘ing liquor and offered the following amend- 
ment: 

_ “Provided such persons within ninety 
‘days from the ratification of this ‘act shall 
"pay the amount prescribed by law for 
' license for one year for State, county and 
“municipal purposes.” The amendment 
‘was adopted. Mr. Yorehead offered an- 
‘other amendment, adding after the word 
“costs” the words ‘‘and the amounts pre- 
‘scribed in the proviso to section 2 of this 
» act.” Adopted and the bill passed its 
) third reading. 

_ Bill prohibiting sale of liquors in one 
‘mile of Chapel Hill Church in Iredell, 
passed its third reading. 

' ill to amend the law in regard to con- 
) cealing the birth of an infant; providing 
‘imprisonment in the penitentiary for not 
‘less than one ormore than five years. ™r. 
) Payne explained the bill. 

_ Wr. Watson said ninety-nine times out of 
one hundred the woman was entitled to 
"sympathy tn such cases, while the man was 
' to blame; if the law would convict the man 
_ as an aider or abettor, then he would vote 
ey tor it. 

4 Mr. Womack did not see how the man 

“could be made guilty of concealing the 

' birth; it might under the old law make him 

guilty of concealing the death. 

_ Mr. Payne suggested that the bill be 

' passed over to be amended. It was so 
one. 

- . Bill incorporating Weeping Mary Burial 

Ociety, in Camden county. Passed its 

third reading. 

Bill for the relief of the sheiriff of Jones» 

and Warren. Referred. 

Bill to reduce the number of jurors in 

_ allotment of dower to three instead of five. 

. Passed its third reading. 

_ Bill making bonds issued by the State or 
_by county or city governments redeemable 
after five years. ‘ = 
(ir. Purnell explained the object of th gt 
. Passed its second reading. oh 

d Rale’s 
it { 








et the Seaboard ar 


At its Regular Session, 1883 


83 


Railroad Company to change its corporate 
name. Passed its third reading. 

Bill to allow the Bank of Greensboro to 
wind up its business. Passed its third 
reading. 

Bill prohibiting the sale of liquor at cer- 
tain points in Madison county. Passed its 

hird reading. 
faut to amend section 1, chapter 127, laws 

Mo. 

Mr. Scott wished to know if a man had 
a razor in his pocket would it be a deadly 
weapon ? 

»y. Linney said the negroes were in the 
habit of carrying them, and it was so meant 
when off a mon’s premises. 

Mr. Scott would like to know if the 
Senator brought his razor here with him. 

“Yes, in my trunk.” 

\r. Scott thought the judges had been too 
strict in the construction of that statute; if 


.aman had a razor in his pocket with intent 


to use it in a fight then it should be a deadly 
weapon, but not so when he is taking it in 
his pocket to a barber shop. 

Mr. Linney said it was well known that 
the negroes had decided on the razor as a 
deadly weapon, and for that reason he had 
drawn the bill. The bill passed its third 
reading. 

Resolution of thanks to Dr. Curry were 
adopted. 

Bill to incorporate Winton Lodge in 
Hertford county. Passed third reading. 

Bill regulating sale of liquor in North- 
ampton county. r. Strayhorn thought 
this bill contained provisions which had 
been voted down on other bills, and he was 
opposed to it. (It makes a man found 
drunk on the road guilty of a misdemeanor 
and punishable by fine and imprisonment.) 

Mr. Mebane opposed the bill. ‘ 

My. Womack said this was a pet bill of 
Mr. Peebles, the member from Northamp-— 
ton, and if he thought the bill the best for 
his own county he did not see why Senators 
should object. 

Mr. ‘iorehead thought section 5 was 
wrong and moved to postpone so as to 
amend. 

Mr. Mebane offered an amendment strik- 
ing out section 5. Pending discussion, the 
Senate adjourned. 

Nore—Mr. Boykin, Senator from Samp- 
son, has been receiving numerous letters 
on the subject of county government. He 
imforms us that allthe bills in his hands 
relating to it have been disposed of and laid 
on the table. ' 

HOUSE OF REPRESENTATIVES. — 
WiONDAY, January 29, 1883. 

The House met at 10 o’clk, » r. Worthing- 

on, Pres dent pro tem, in the chair. 

Prayer by the Rev. Dr. E. A. Yates, pas- 
tor of Edenton Street M. E. Church, of the 
city. 














VS 


ae 


84 


{ The journal was read and approved. 
3 PETITIONS. 

" Mr. Simmons, from Richland township 
: - relative to the appointment of justices. From 
- Beaufort relating to the same. 

bp Mr. Matthison, from Alexander county, 
relating to appointment of justices. 

Mr. Newell, from Bladen county, relating 
to the appointment of justices. 

Mr. Holton, from citizens of Yadkin 
county opposing the repeal of the stoel 
law. 

Mr. Williamson, petition from Columbus 
_ county asking repeal of prohibitory laws at 
- Cherry Grove Baptist Church. 

Mr. Candler, from the commissioners of 

' Jackson asking to be allowed to levy a 
special tax to build a bridge. 

Mr. Leazar, petition asking for prohibi- 
tion near Caddle Creek church, in Iredell 
county. 

Mr. Baley, of Mecklenburg, petition 
asking for an amendment to the eharter of 
the town of Viathews. 

REPORTS OF COMMITTEES. 

Various committees reported favorably 
upon the following bills: 

To pay jurors their per diem in cash. To 

' prevent the felling of timber in the French 

' Broad River. To repeal chapter 274, laws 
1881. To amend the law to prevent the ob- 
struction of fish in Scuppernong River. To 
incorporate the Roanoke Navigation and 
Water Power ‘ ompany. To incorporate 
the Bank of Goldsboro. An act relating 

to judicial sales. To increase the number 
of justices of the peace. 
RESOLUTION. 

Mr. Pennett, concerning the Department 
of Agriculture. Referred to the committee 
on agriculture. 

Bills were introduced, passed their first 

_ reading and referred as follows: 

Mr. Stringfield, to amend the act provid- 
ing for the sale of the States’ interest in the 
W.N. C. R. R. Co. Ordered to be printed 
and referred to the committee on internal 
improvements. 

A bill to be entitled an act to amend an 

act entitled ‘‘ An act to provide for the sale 

' of State’s interest in the Western North 

’ Carolina railroad company, and for other 
_ purposes.” 

Tax Generar Assemsty or Norra Caro- 
i LINA DO ENAOT : 

\ Sgorrmoni. That whenever the Western 
North Carolina railroad shall have been com- 
pleted, and in operation to the Tennessee 
river about 10 miles west of Charleston, the 
county seat of Swain, near the mouth of 
the Nantahala river, the commissioners ap- 
pointed io examine said road under the 
provisions of the act ‘‘entitled an act to pro- 


oe Ar 


» 














f 


¥ 





fn the Western North Carolina railroad, and 
for other purposes,” ratified the 29th day of 


- March, 1880, are hereby directed to exam- | 


Proceedings of the General Assembly of North Carolina, 








| 





ine the work, and if it has been done ac- 


cording to contract, to accept the same on 
the part of the State. 

Src. 2. That upon such acceptance, the 
treasurer of the State is hereby authorized 
and directed to sell and to deliver to A. 8. 
Buford, W. P. Clyde and T. M. Logan, as- 
signees of W. J. Best, or their assigns, the 
$520,000 of bonds, par value, and coupons, 
which were deposited with the said treas 
urer, under the provisions of sections (12) 
twelve and (24) twenty-four of said act of 
March 29, 1880, for six hundred thousand 
dollars ($600,000) in cash, or for the same 
amount in the four per cent. bonds of the 
State, par value, issued under the act, ‘‘en- 
titled an act to compromise, commute and 
settle the State debt.” (Laws of 1879, chap- 
ter 98.) 'The cash or the bonds to be paid 
at the option of the said Buford, Clyde and 
Logan, or their assigns. 

Sec. 8. That upon such sale and delivery 
of said $520,000 of bonds, all the interests 
and estate of the State of North Carolina in 
and to the said Western North Carolina 
Railroad, shall vest in the said A. §. Bu- 
ford, W. P. Clyde and T. M. Logan, or 
their assigns, and the United States Trust 
Company of New York, with whom the 
deed for said road is deposited, are hereby 
authorized and directed to deliver said deed 
to the said Buford, Clyde and Logan, or 
their assigns, as a deed effectual for all the 
purposes therein named; and if the said 
United States Trust (ompany shall refuse 
to deliver said deed, as herein provided, the 
commissioners or their survivors, who 
signed the same in behalf of the State, are 
hereby authorized and directed to execute 
and deliver a duplicate of said deed. And 
upon the sale and delivery of said $520,000 
of bonds, as aforesaid, section 10 of the act 
of March 29, 1880, and the contract made in 
pursuance thereof, shall be amended by 
striking out the words ‘‘that the mortgage 
cannot be foreclosed for either principal 
or interest until said railroad shall have 
been completed to Paint Rock and Mur- 
phy,” and the Western North Carolina Rail- 
road Company is authorized to declare said 
provisions void and no longer binding on 
the holders of its bonds, or in its discretion 
to issue new mortgage bonds to the hold- 
ers of said bonds in lieu thereof. 

Seo. 4. That nothing in this act shail 
operate to deprive the Western North 
Caxolina Railroad Company [of their right] 
to complete their road to “urphy, and the 
Georgia and Tennessee Line at or near 
Ducktown, if they deem it expedient, but 
they shall not be bound to complete same 
by January 1, 1885. 

So. 6. That the Western North Carolina 


- vide for the sale of the State’s interest in | Ragvoad Company is hereby authorized 


andjvempowered to construct, equip and 
operate two branch roads, to-wit: the one 
starting on some point on the main line be- 
















































tween Charleston, Swain county, and the 
mouth of the Nantahala River, and running 
hence to the North Carolina and Tennessee 
Line, in the direction of Maryville, Tenn.; 
he other starting at a point on the main 
‘ine, in the vicinity of the mouth of Nan- 
ahala River, and running thence up the 
Tennessee River by Franklin, in the di- 
rection of Clayton, Ga. 
Sto. 6. That the Western North Carolina 
Railroad Company is authorized and em- 
powered to lease or purchase, or consoli- 
date with any other railroad company in 
North Carolina, South Carolina, Tennessee, 
' or Georgia, which it may deem advisable 
- in order to make a continuous railroad con’ 
nection with the railroad systems of said 
States. 
Sze. 7. That the Western North Carolina 
' Railroad Company is authorized to mort- 
' gage these branch roads and issue bonds 
f) thereon for the purpose of raising money 
_ to complete the same. 
 Szo. 8. That the said branch roads shall 
be subject to the same restrictions as the 
' mainline in regard to discriminations in 
 freights and charges and liability for taxa- 
tion, and the company shaljl have the same 
' rights as to surveys, condemning lands for 
PY right of way, depots and station houses and 
4 other buildings, and in constructing, equip- 
ing and operating said branches as it has 
on the main line to Murphy and to Paint 
Rock. 
' xo, 9. That after the sale of the 520,- 
000 of bonds, as aforesaid, the Western 
- North Carolina Railroad Company may be 
‘leased to any othercorporation or company, 
or may guarantee the bonds of any other 
_ railroad corporation if it so elects. 
_ Sxo. 10. That until January 1. 1885, the 
_ Western North Carolina Railroad Company 
» may retain and work the convicts under 
» the terms set out in the act of March 
» 29,1880, and after that time it may re- 
» tain them, on such terms as may be agreed 
' upon between said company and the board 
_ of directors of the Penitentiary. 
_ Ssxo. 11. That until the said railroad is 
' completed to the Tennessee river, and the 
_ purchase money paid in cash or bonds as 
hereinbefore provided no part of this act 
' shall have any force and effect, except sec- 
tions 5, 6, 7 and 8. 
Sro. 12. That this act shall be in force 
from and after its ratification. es 
By Mr. Bailey, of Vecklenburg, to es- 
tablish a criminal court in the County of 
Mecklenburg. Judiciary. 
is By Mr. Wilcox, to restore to the people 
_ the Tene, of local self-government.  Judi- 
ciary. 
By Mr. Byrd, to, punish certain malicious 
ata ies tothe person, Judiciary. 
Mr. Patrick, to amend section 1, chap-’ 
72, laws 1881, Judiciary. 
7 Mr. Sherrill, to allow school districts 


At its Regular Session, 1883. 








85 


in Catawba county to levy,a special tax. 
Finance. 

By Mr. Covington, to require all drug- 
gists to pay retail peanoe dealers tax. 
Ffnance. 

By “r. Candler, to. authorize the com- 
missioners of Jackson to levy a special tax. 
Finance. 

By Mr. Riggs, to empower the commis- 
sioners.of Dare county to levy a special 
tax. Finance. 

By Mr. Overman, toincorporate the town 
of Third Creek in Rowan county. Cor- 
porations. 

By Vr. Robins, to incorporate ‘‘The En- 
terprise Manufacturing Company.” Cor- 
porations. 

ty Mr. Bailey, of Vecklenburg, toamend 
the act incorporating the Spring Shoals 
Vanufacturing ompany. Corporations. 

By Mr..* cAllister, to incorporate ‘*The 
Cabarrus County Co-operative Association.” 

By Mr. Hayes, of Swain, to make it un- 
lawful to poison fish in the Oconalufte 
River in Swain county. Propositions and 
Grievances. 

Mr. Wilcox, to prevent the felling of 
timber in Three Top creck, in Ashe county. 
Propositions and grievances. 


Mr. Standford, “to amend chapter 148, 
laws 1879, Education. 
Mr. Sherrill, to establish a Graded School 


in the town of Hickory. Education. 

‘ r. Bailey, of Mecklenburg, to amend the 
charter of the town of Matthews. Cities and 
towns. 

1. VcLoud, to prohibit the sale of liquor 
in half mile of Ws G. Candler’s, in Bun- 
combe county. Cities and towns. 

Mr. Reade, of Person, to repeal local pro- 
hibitory laws in Person county. Calen- 
dar. 

Mr. Williamson, to amend chapter 171, 
laws of 1872-73, relative to the sale of liquor, 
near © herry Grove church. Propositions 
and grievances. 

vir. Poe, to incorporate the Yanceyville 
Grand United Order of Benevolence. ¢ or- 
porations. 

vr. Leazar, to amend chapter 234, laws 
of 1881. Propositions and grievances. 

Mr. Thompson, to amend chapter 11, Pat- 
tle’s Revisal. Judiciary. 

Myr. Proctor, to exempt 100 worth of 
farming and mechanical tools from taxa- 
tion.. Calendar. 

‘ry. Bower, bill to be entitled an act fo 
iucrease the number of justices of the peace 
in the several townships of the State. The 
pill is as follows: 

The General Assembly of North Carolina 
da enact 

Sec. 1. The General Assembly at its 
present session shall elect two justices of the — 
peace for the several townships of the State 
in addition to those provided for by section 
four, anes one hundred and forty-one, 


—— 


86 


of the laws of 1876-77; and in all townships 
in which any ¢ity or incorporated town is 
situated, besides the two additional justices 
herein provided for, there shall be two other 
additional justices for every one thousand 
inhabitants therein residing. 

Sec. 2. Of the additional justices whose 
election is provided for by the preceding, 
section, one half shall be elected for the 
term of four years and the other half for. 
the term of six years. 

Sec. 9. This act shall be in force from 
and after its ratification. 

Leaves of absence were granted to Messrs. 
Williams of Granville, Wood and Law- 
rence. 

MESSAGES. 

A message was received from the Senate 
informing the House that the Senate had 
passed the following bills, and the House 
disposed of them as follows: 

Senate amendment to the act to amend 
the law relative to the removal of causes 
before justices of the peace, providing that 
such removal shal] take place before evi- 
dence shall be given in. Concurred in by 
the House. 

Senate amendment to the act to authorize 
Pasquotank county to levy a special tax. 
Concurredin by the House. 

Act relative to the graded schools of 
Goldsboro. Comunittee on education. 

OALENDAR. 

The calendar was taken up and the fol— 
lowing bills disposed of as follows: 

Substitute for an act to repeal chapter 
117, laws 1879. 

Mr. Wilcox said : 

Mr. Speaker :—If the bill of the gentle- 
man from MecklenVurg provides for the 
abolition of the North Carolina Board of 
Health, I consider it a monstrous proposi- 
tion for any member upon this floor to ask 
this House to consider. Every State in*the 
Union has a Board of Health, and whilst 
our health board is in its infancy, its good 
influences are being felt throughout the 
whole State, and the time is not far distant} 


if properly nurtured, when it will be re- | 
garded as an indispensable part of ourState | 


machinery, and for the purpose of showing 
our recognition of the faithful performance 
of the many irksome duties connected with 
its existence by the eminent gentleman who 
have been the guardians of it, I move that 
the House promptly table the bill. The bill 
was then tabled. ’ 

To amend the law touchi ig the seduction 
of women. Inforiaaly passed over and 
ordered to be printed. 

To allow the commissioners of Halifax 
county to fund its debt and to levy a special 
tax to pay the same. Passed its second 
reading. 

To authorize the Seaboard and Raleigh 
Railroad Company to change its name. 
Passed its second reading. 


| Tabled. 












Resolutions of instruetion to our mem 
bers of Congress in reference to the light 
house and marine service fund. 

\ r. Simmons said this was a vital subject 
to those people, a living to them, and if 
these resolutions are not passed it will be 
saying to them that North Carolina does” 
not care for you. Because it is a living to 
some North Carolinians I sincerely hope 
they may pass without a dissenting voice. 
The resolutions then passed their third 
reading. 

Substitute for an act to authovize the 
Virginia and Carolina Railroad to- extend 
and construct its line in this State. 

vr. Peebles was jn favor of the passage 
of the bill and stated that it only conferred — 
upon them the powers conferred upon all 
other railroads in Battle’s Revisal. 

\ yr. Strudwick withdrew his amendment, 
but afterwards removed it. 

Some little sparring then took place be-— 
tween * essrs. Peebles and Robins, after” 
which the biil was informally passed over. — 

An act in relation to actions at law. — 
Tabled. 

To require executors to give bond. Ta-_ 
bled. 

To amend chapter 200, Jaws of 1881, — 
allowing the county treasurer of Lincoln 
county to pay for repairs on school build- 
ings. Passed its third reading. : 

To change part of the lines between Cald- 
well and Watauga counties. Informally 
passed over. 

Relative to the probate of deeds. Tabled. 

Substitute for an act to make valid cer- 
tain irregular probates of deeds. Passed its 
third reading. 

To protect the estates of deceased per- 
sons and lunatics. Passed its third read- 
ing. : 

To prohibit the sale or giving away of 
liquor within one mile of any church or 
school house. Tabled. | 

For the better protection of children 
losing their parents in the State’s Prison. 
Tabled. 

To regulate 
jurors. Tabled. ! 
To amend chapter 138, laws 1881, passec 
its third reading. ; 
For the better protection of laborers, 

withdrawn by “ir. Poe. 

waking it a misdemeanor to dispose of 
property under a chattel mortgage without 
written consent. Tabled. 

To amend chapter 85, Battle’s Revisal, 
(relating to oysters.) Passed its third read-— 
ing. } 

To regulate the allowance of contestants - 
or seats before the General Assembly.” 


: 


the manner of drawing 






To amend chapter 4, laws 1881, (relating 
to cutting ot telegraph and _ telephon 
wires.) Passed its third reading. d 

Substitute for an act to amend chapt 












93, laws 1868-9, (reduces the number of 
jurors to lay off dower.) Passed its third 
reading. 

Mr. Peebles moved to take from the table 
the bill prohibiting the sale of liquors to 
lunatics, etc., and that it be placed on the 
calendar. Carried. 

To allow Swain county to sell Cherokee 
land bonds. Third Reading. 

To incoporate the Centurion Benevolent 
Society. Recomitted to the Committee on 
Corporations. 

To amend the stray law. Third reading. 

To amend the act appointing cotton 
weighers for Weldon and Enfield. Third 
reeding. 

To amend the law concerning alimony. 
Third reading. 

Mr. Tate moved to take the bill to exempt 
from taxation-one hundred dollars worth of 
farming and mechanical tools from the cal- 
endar and refer it to the committee on fi- 
nance. 

Upon that motion Vr. Hayes, of Robeson, 
called the ayes and nays; the call was sus- 
tained and a vote was had, which was as 
follows: 

Ayes—Anderson, Bailey, of Mecklenburg, 
Bailey, of Wilson, Ball, Barrett, Baum, 
Beall, Bennett, Bower, Brown, Bunn, yrd, 
Cain, Candler, Cheek, Crouse, Cowell, 
Forbis, Fulton, Gatling, Glenn, Green, of 
Franklin, Gudger. Hamilton, Hayes, of 
Swain, Holt, Houston, Johnson, of John- 
ston, King, Lenoir, Liles, 
Cotter, McCloud, * 
Myers, Overman, Patrick, Peebles, Person, 


Reynolds, Riggs, Robbins, Sandifer, Sher- 

rill, Simmons, Stewart, Stringfield, Strud- 

wick, Tate, Thompson, Tomlins, Turner, 
Walker, Williamson, Wilson—Ayes 64. 

*  Nays—Baker, Belcher, Bledsoe, Bradley, 
Bridgers, Bruce, Bryan, Covington, Frayser, 
Green, of New Hanover, Gr ssett, Harris, 
of Wake, Hayes, of Robeson, Henderson, 
Hewlin, Holten, Johnson, of Craven, Lan- 
dreth, Leary, Lineback, Montgomery, 
Newby, Newell, Page, Pittman, Poe, Proc- 
tor, Smith, Speller, Stokes, Sutton, Temple, 

' Wilcox—Nays 82. 

The hour for adjournment having arrived 
the House adjourned. 


SENATE. 
{WENTY-FIFTH DAY. 
Turspay, January 30. 

The Senate was called to order ‘at 10 
o’clock. 

PETITIONS, BILLS, ETC. 

Mr. Costner, petition from citizens of Ca- 
tawba against obstructions in South Fork 
River. : 

_ Mr. Morrison, petition of citizens of Har- 
ett for prohibition in three miles of Hollo- 
y church. 


cAllister, Mc- ; 
arsh, Matheson, Mathis, | 


At its Regular Session, 1883. 





Phillips, Posey, Ray, Reade, of Person, | 





87 


Mr. Hampton, petition of citizens for 
prohibition within three miles of Centre 
church, in Yadkin county; and Pleasant 
Grove church, in Rutherford county. 

Mr. Evans, three petitions from citizens 
of Caswell, asking for the appointment of 
magistrates. 

Mr. Toon, petition from Whiteville, Co- 
lumbus co., asking that H. C. Maflit be ap- 
pointed a justice of the peace. 

Mr. Dortch, bill to provide for local as— 
sessments in aid of public schools. On mo- 
tion of Mr. Pemberton 1,000 copies of the 
bill were ordered printed. 

Mr. Lovill, bill to establish a normal 
school in Boone, county of Watauga. 

Mr. Morrison, bill to prohibit liquor in 
three miles of Holly Springs chureh, in 
Harnett county. 

Mr. Ramsay, resolution asking why the 
report of the Superintendent of Public In- 
struction has not been published. Referred 
to the committee on education. 

Mr. Clark, bill for relief of Mayor Hand 
of Newbern. 

Mr. Webb, bill to amend Battle’s Revisal, 
chap. 27, sec. 22. 

Mr Cozavi, bill to appoint tobacco weigh- 
erss in warehouses. 

| ill to regulate sale of liquor in North- 
ampton county, came up as unfinished bus- 
ness. 

It was discussed at great length, the 
speakers being “essrs. Webane, Goodwyn, 
Womack, Jones, ‘orehead, Alexander, 
S vayhorn, Black, Carter, and many amend- 
meats were offered. 

The bill was put on second reading. 

Mr. Strayhorn asked the ayes and noes. 

It passed by a vote of yeas 21, nays 17. 

Mr. Strayhorn objected to its third read- 
ing and bill laid over. 

bill authorizing Granville county to levy 
a special tax. Passed. 

bill to make bonds, State, county or mu- 
nicipal, redeemable after five years. 

Mr. Watson offeredan amendment, ‘pro- 
vided, that the provision of this act sball 
not apply to municipal bonds actually au- 
thorized to be issued but in facet not ae- 
tually issued.” . 

vr. Purnell accepted the amendment. 

Mv. Purnell made a statistical speech in 
favor of the bill, in which he spoke of sixty 
thousand dollars in market house bonds in 
the city treasury, and they could not redeem 
them, 

»r. Womack opposed the bill. 

Mr. Alexander thought it a good bill, and 
was pleased when the Senator from Wake 
iniroduced it. It would have a good effect 
on the people of North Carolina in regard to 
issuing bonds hereafter. 

Mr. Linney thought a bond running 
twenty years is of less value than one run- 
ning five. The nearer the creditor is placed 
to the fund due him the stronger is the 





‘dlaim. No harm can possibly arise from 
this bill, and it may be productive of much 
good. 
_. Mr. Womack held that a bond running 
i, twenty years was of more value than a five 
year bond, and thought the five year re- 
demption of the bill would depreciate the 
yalue of the bonds. The bill passed its 
third reading. 

Mr. Clark, resolution asking the Treas- 
urer to say how much the Cape Fear & 
- Yadkin Yalley railroad had cost the State, 
» | was adopted. 

Mr. Pinnix, resolution concerning elec- 
tion of justices of the peace. 

i r. Caho, bill for the protection of aids 
_ to navigation by authority of the United 
States Light fouse Board in North Caro- 
» lina, and | petition with same for drag nets 
') in certain waters. 

AY 'r. Payne, bill for trustees of supreme 

court library to employ a librarian. 
Bill to protect fish in Neuse and Trent 
rivers, passed its third reading. 

B. &S. 8., to require fishermen to 
ull up and remove their net stakes. Mr. 
Mark said they were extremely dangerous 

to navigation. 

Mr. Speig’t thought if the stakes were 
- allowed inthe water five months in the 
» yer, he could see no reason to take them 
up, it was putting the fishermen to unnec- 
essary labor. 

Ape Wir. Hampton said the stakes would 
yy) decay. 

_ Mr. Caho said the fishermen wanted the 
bill passed. It passed itssecond reading. 

Mr. Speight asked to exempt the north 
side of Albemarle Sound and Chowan river, 

and sent an amendment. Voted down. 
Mr. Speight asked the ayes and nays on the 
“passage of the bill. Granted. The bill 
| passed its third reading—yeas 28, nays 10 

Mr. Graham, bill to incorpgrate the 
' Hoffman and Troy Railroad Company. 

Bill to amend chapter 18, laws of 1880, 
making the killing of cattle by railroads in- 

dictable. 

rv. Ebbs trusted the bill would not be 
recommitted, he knew that some Senators 
urged it was a bloody act, but he saw noth- 
unjust in it. ' 

sr. Pemberton said the committee hadn’t 
done a thing about the bill, and he was for 
recommitting. 

*r. Womack explained that the commit- 
tee were opposed to enlarging the bill, tak- 
' inall the counties, and therefore had re- 
' ported it unfavorably. 

' * yr. Watson saw no reason for recommit- 
ting, it should be dealt with now, and he 
- hoped the whole matier would lay upon the 
table, but withdrew it at the request of Mr. 
k oykin. 

Mr. Boykin pointed to a fatal defect in 
the bill that without an amendment giving 
the right of appeal the bill was unconsti- 














88 Proce: dings of the General Assembly of North Caroli 








| Republicans were wrong i their argumcnt. 





-| caretully investigated, and he moved to re- 









tutional, it deprived either party 
right of a trial by jury and the right 
appeal. 

Mr. Strayhorn would like to see the bil ad 
recommitted in order to have amendments, — 
nod a ide that motion. 

r. Purnell offered substitute, ‘but was 
heowne by the Chair that there was 
already a substitute printed. 

Myr. Costner explained the action of the 
committee on the bill. 

Mr. Ebbs told how the people in his 
county had suffered by having their stock 
run over and killed, and that it was a 
slogan with the party on the other side, 
that it was through Demoeratie legis- 
lation; hehad promised them to have an 
amendment of this sort and he wanted to 
make good that promise. 

Mr. Watson never expected to hear com- 
plaint of Democratic legislation for build- 
ing a railroad through Madison. 

‘Mr. Ebbs said it was no Democratic com- 
plaint, it was from Republicans. 

vr. Watson said if that was-the source 
he was against the bill and hoped the 
whole thing would De laid on the table. 

Mr. Strayhorn spoke to the bill—it ought 
to pass. 

Wr. Hill was for the bill. He inquired 
for the man with the impudence and cheek 
to get up a suit against a railroad corpora- 
tion. 

After further discussion between Messrs. 
Ebbs, Womack and Alexander, who op- 
posed it, because it punished the wrong 
people, Mr. Watson renewed the motion to 
table. Mr. Ebbs asked for the ayes and noes. 
Granted. It was tabled. Ayes 28; noes 20- 

Mr. Caho, bill to amend section 15, chap. 
100. 

*r. Hampton, bill to prohibit liquor in 
one mile of Center Church in Yadkin coun- 
ty and Pleasant Grove Church in Ruther- 
ford county. 

Mr. Linney, bill to protect growing erops 
from the depredations of stock. 

Mr. Purnell, bill for the punishment and 
removal of justices of the peace who may 
be guilty of corruption or malpractice in 
office. 

Bill came up as special order giving fifty 
dollars exempiion on agricultural and me- 
chanical implements. 

Mr. Linney hoped the bill would be sat 
down on promptly. and made an earnest 
speech against it. 

yr. Payne said the argument that tie bill — 
would relieve the farmer was a fallacy. It © 
would take $75,000 out of the treasury. 











The question was of finance, and should bes 


fer the bill to the finance committee. 

My. Womack said he had introduced a1 
amendment making the fifty dollar exem 
tion: mane to all [persone becanse h 









was opposed to class legislation. He was 
opposed to any exemption, because the pres- 
ent twenty-five dollar exemption depleted 

_ the treasury to the amount of $47,500 in 
actual taxes. He was opposed to a virtual 

appropriation of $47,500 to benefit any in- 

dividuals. 

t, Mr. Clark earnestly spoke for the bill. 

: Mr. Pemberton, Mr. Hill and Mr. More- 

head spoke against it. 

Mr. Mebane hoped that Senators when 
discussing matters of State would not brin 

in the black man. He believed it a goo 

bill and would vote for it. 

Mr. Dortch (de@idedly)—Vr. President, I 
move to lay the bill on the table. 

Mr. Purnell—On that I call the ayes 
and noes. 

During the call Mr. Loftin, from Lenoir, 
explained his vote. Hesaid he saw no rea- 
sun why property should not be taxed. He 
voted aye. ‘ 

Mr. Lovill explained his vote. It would 
do no good to the better class of farmers. 
He voted aye. 

Mr. Carter (col.) said if the bill was to do 
the poor people any good he would vote 
against tabling it, but it would do him no 
good as the rich man fixed his wages any- 
how, and if they put the tax on him he’d 
take it off the wages of the laborer, so he 
voted aye. [Applause. ] 

The bill was tabled. 

Senate adjourned. 4 

{Norr.—The razor bill passed yesterday 
' was drawn and offered by Mr. Dotson, of 
' ‘Iredell. It was his bill. 

‘The dower bill passed yesterday, reducing 
the number of jurors from five to three, was 
Mr. Pinnix’s, of Davidson. ] 

[Nore.—The chair called attention to an 
oversight of committees which he thought 
should be corrected, viz: When a bill is 
recommitted with the pending amendments 
the committees in some cases make their 
report without noticing the pending amend- 
» ments. 


HOUSE OF REPRESENTATIVES. 
Turspay, January 30, 1883. 

Mr. Worthington, Speaker pro tem, called 
the House to order at 10 o’clock. 

Prayer by the Rev. wr. Hardy, of the 
House. 

The Journal of yesterday was read and 
approved. 


. 





PETITIONS. 

By “ir. McLoud, from citizens of Bun- 
combe county, relative to the appointment 
of justices. 

By wr. Stewart, from citizens of Harnett 
county, asking local prohibition. 

By “r. Leazer, from citizens of Iredell 
county, relative to appointment of justics. 

By “r. Candler, from citizens of Jackson 
county, tsking for a turnpike road. 

By Mr. Byrd, petition asking that the 
















At its Regular Session, 1888. 89 


the sale of liquor be prohibited within five 
miles of Peterson’s church, in Yancey 
county. 

By Mr. King, petition relative to the ap- 
pointment of justices. 

By Mr. Bruce, petition from Cherokee 
county, relating to the appointment of jus- 
tices. 

By Mr. Hardy, petition from Carteret 
county, relative to the appointment of jus- 
tices. ° 

REPORTS OF OOMMITTEES. 

The following bills were reported upon 
by the various committees : : 

To establish Roanoke township, in Hali- 
fax. To authorize the commissioners of 
Dare county to levy a special tax. To re- 
quire all druggists to pay retail liquor li- 
cense. To authorize Jackson county to 
levy aspecial tax. To amend the charter 
of the town of Matthews. To prohibit cer- 
tain persons from practicing law. 'To pre- 
vent the felling of timber in Three Top 
Creek. Resolution concerning the depart 
ment of Agriculture. To amend chapter 
274, laws 1676-77. To repeal chapter 49, 
private laws 1881. For the relief of farmers 
in certain localities. For the protection of 
farmers. To submit the liquor question to 
the voters of the town of Statesville. To 
amend chapter 234, laws 1881. To prohibit 
the sale of liquor in half a mile of W. G. 
Candler’s. To amend chapter 171, laws 
1872-73; relates to the sale of liquor near 
Cherry Grove church, in Columbus county. 
To establish a graded school in the town ot 
Hickory. Bill of the relief of Elizabeth F. 
Peatt, of Chowan county. To change the 
township lines of Ironson and Catawba 
Springs, in Lincoln county. 


RESOLUTIONS. 


Mr. Harris, of Davidson, a resolution ex- 
pressing the sense of the General Assembly 
in reference to the encouragement of capi-— 
talists and others in erecting cotton mills 
and other manufacturing establishments in 
this State : 

Resolved by the House of Representatives, 
the Senate concurring, That it is the sense 
of this General Assembly that it would be 
both wise and prudent, on the part of this 
State, for her representatives inthe Legisla- 
ure now assembled, to adopt some such 
measures as have been putin use by the leg- 
islatures of the States of South Carolina and 
Georgia, by means of which capitalists are 
induced and encouraged to erect cotton 
mills and other manufacturing establish- 
ments under the pledge on the part of the 
said States that the capital so invested and 
the property, machinery, etc., so used, 
shall be exempt from taxation for the space 
of ten years, so as to invite and encourage 
immigration and_capital into our State. 

BILLS. 


The following bills were introduced, 


90 Proce: dings of the General Assembly of North Carolina, i 


passed their first reading and were re- 
ferred: 

Mr. Stanford, for the encouragement 
ane a yport of the State Guard. 

*hillips, to provide for the more 
btteciual punishment of crime in courts of 
justices of the peace. 

Mr. Bailey, of Mecklenburg, to authér- 
ize personal representatives to recover prop- 
erty conveyed in fraud. 

Mr. Montgomery, to amend chapter 234, 
laws of 1881. 

Mr. Nixon, to establish stock law in part 
of Perquimans county. 

“Mr. Bennett, to repeal the prohibitory 
laws as to Salem and Friendship churches, 
in Stanly county. 

Mr. Byrd, to prohibit the sale of spirit- 
uous liquor within five miles of Peterson’s 
church, in Yancey county. 

Mr. Holt, to amend an act to establish a 
department of agriculture, immigration and 
statistics, and for the encouragement of 
sheep hnsbandry. 

Mr. Grissett, to amend section 5, of the 
omnibus prohibition bill of 1881. 

Mr. » cAllister, to amend the charter of 
the town of ft. Pleasant, in Cabarrus 
county. 

By Mr. Bower, *to incorporate ‘‘Globe 
Academy,” in Caldwell county. 

By Mr. McLoud to better regulate the 
serving of notices and taking of depositions 
in contested election cases. 

By Mr. Overman, to authorize the board 
of commissioners of Rowan county to pay 
W.G. McNeely seventy dollars. 

By Mr. Candler, to construct a road in 
Jackson and Transylvania counties. 

THE CALENDAR 
was taken up and the following bills dis- 
posed of as follows: 

To authorize the county of Halifax to 
fund its floating debt. Third reading. 

To abolish the State Board of Health. 
Informally passed over. 

SPECIAL ORDER. 

The bill relating to divorce being the spe- 
cial order for this hour was taken up and 
discussed by Messrs. Bailey, of Mecklen- 
burg, Green, of New Hanover, Powers, of 
Cumberland and For is. 

Mr. Simmons said: I oppose this bill be- 
cause its tendency is to place woman ona 
level with immoral man. When we under- 
take by law to elevate man to woman's 
throne of purity, we to that extent drag her 
down to the common and vulgar level of 
man. Our Creator, in His ov'n inscrutable 
wisdom, made her weaker and purer than 
man, so that we being stronger may love 
protect and defend her; and for us to do 
so we must consider and have her purer 
and more virtuous than ourselves. Old 


North Carolina, be it said to her glory, has 


made it difficult to break the laws of matri— 
mony, and I hope this legislature will not 














legislate after Northern States, whieh to 
day in the South areso much condemned. 
For lovely woman—for the purpose of 
keeping her still elevated above the com- 
mon Jevel of immoral man—I shall vote 
against this bill and hope the House will not 
pass it. 

Mr. “atheson moved to amend by mak- 
ing conviction and sentence to the peniten- 
tiary for 10 years sufficient cause for di- 
vorce. 

Mr. Newell moved to amend by ma ng 
five years sufficient. 

vr. “ cCotter moved to amend so as to 
make one year sufficient. 

Mr. Bailey, in the course of his remarks, 
stated that thirty-six States and territories 
had adopted this law. 

Mr. Peebles was opposed to the bill and 
tho ight it would be inoperative, in that it 
would hold out inducements to married 
couples who were living unhappily for the 
man to commit adultery; and that it 
would not make eyen one man in the State 
more virtuous, but in all cases where the 
parties wished a divorce it would hold out 
an inducement to the man, and the wife 
for the husband to commit adultry. He 
paid a high tribute to the purity of wo- 
man. 

«r. Frazier was in favor of the bill, and 
said that it was a remedy that ought 
to be given to woman; stated a case 
where a man in his own county 
openly violated his marriage vow, and 
when interrogated as to why he could not 
be indicted, said because the grand juries 
were tainted in the same way. Hesaid inre- 
ply to » r. Bunn, he thought the law would 
apply in the case he had just alluded to. He 
thought the safety and purity of woman de- 
manded that this bilk be passed. 

‘ r. Bunn moved to lay on the table,upon 
which Mr. Poe called the ayes and nays, 
which was sustained. The vote to table 
was as follows: c 

Ayrs—Baker, Beall, Belcher, Bennett, 
Bledsoe, Bradley, Bullock, Bunn, Cain, 
Covington, @orbis, Gatling, Green, of New 
Hanover, Harris, of Davidson, Henderson, 
Hewlin, Holt, Holton, Jenkins, Lawrence, 
Leary, Mathis, Myers, Overman, Page, 
Patrick, Peebles, Pittman, Posey, Proctor, 
Robbins, Sherrill, Steed, Stewart, Strud- 
wick, Tate, Temple, Thompson—38. 

Nays—Anderson, Bailey,of Mecklenburg, 


Bailey, of Wilson, Ball, Barrett, Baum, 
Bower, Bridgers, Brown, ! ryan, Byrd, 
Candler, Cheek, Crouse, Cowell, Eaton, 


Frayser, Fulton, Glenn, Green, of Franklin, 
Grissett, Gudger, Hamilton, Hardy, Har- 
rison, Harris, of Wake, Hayes, of Robeson, 
Hayes, of Swain, Houston, Johnson, of 
Craven, Johnson, of Johnson, King, 
Landreth, Leazar, Lenoir, Liles, Lineback, 
McAllister, McCotter, McLoud, Marsh, 
Matheson, Mitchell, Montgomery, Newby, — 








, Nixon, Person, Philips, Poe, 
Powers, of Cleaveland, Powers, of Cum- 
berland, Ray, Reid, of Gaston, Reade, of 
Person, Reynolds, Riggs, Sandifer, Sim- 
mons, Smith, Speller, Stanford, Stokes, 
 Stringfield, Sutton, Tomlins, Turner, Wad- 

, Walker, Williamson, Wilcox, Wilson 


Mr. McCotter withdrew his amendment, 
and Mr. Matheson withdrew his amend- 
_» ment, as did Wr. Newell. 

2 Mr. Lenoir moved to amend by making a 
single act in the wife and habitual adultery 
in the husband good grounds for a divorce. 

Mr. McLoud said that the friends of the 
pill only proposed to place North Carolina 

- upon the same footing as every other State 

in the Union, except one or two, and to 

_ place the women of North Carolina on the 

_ same high plane that they occupied in 

other States ; that the law, as it now stands, 

"allowed a husband to carry his vices before 

his wife’s very eyes, and commit in her 

_ presence enormities which a brigand and 

the basest wretch on earth would blush at ; 
that the law, as it now stood upon the 

- books, was a disgrace to the State. He was 

- opposed to the amendment of “ir. Lenoir 

- because it drew a line between man and 

woman, and he asked why North Carolina 

- women could not be trusted when they were 

as good, true and virtuous as any the sun 

_ ever shone on? If she was not, then tie 
her down and make a slave of her, but not 
pretend to make her free without in reality 

doing so. He was in favor of investing her 

' with the same rights that she had else- 
where, and put her upon an equality with 

_ man. 

_ Mr. Forbis was in favor of Mr. Lenoir’s 

amendment, and with it would vote for the 

_ pill, but was opposed to the original bill. 

- Thought there ought not to be such radical 

legislation as the bill first proposed, and 

that it ought to be considered coolly and 
calmly, but with the amendment he hop 

_ it would pass. He then spoke of the differ- 

ence between a divorced husband and a di- 

_vorceed wife in 1 social point of view. 

Mr. Sherrill move.t to amend, asfollows: 

_ Provide, that if the husband be convicted 

_ of adultery it shall not be a cause of divorce, 

_ but he shall be deemed guilty of a misde- 

Meanor, punishable with fine and imprison- 

ment, at the discretion of the court. 


Mr. Stanford thought that the bill would 
check vice in husbands. That the oppo- 
nents of the bill seid that women should be 
elevated to a higher plane than man, but 
when there was an opportunity to do that 
Spa opposed it. That the rights of chil- 
dren would be better protected under this 
ill than they would without it. That the 
applied to woman and why not apply 
the man He could see no reason 
hy it should moi be done, and the law be 




























At its Regular Session, 1883. 





‘purpose of narrowing the limits of the bill. 


the motion to table. 


PRE ue ne ae Pe Ne 
MCL Sin *" 





nee to bear upon the man and the woman 
alike. ; 

Pending the consideration and discussion _ 
of this bill, the hour for adjournment ar- — 
rived, and ‘the House stood adjourned until A 
10 o’clock to-morrow. RY 


SENATE. 





TWENTY-SIXTH DAY. 
WEDNESDAY, January 31. 

The Senate was called to order at 10 

o’clock, Mr. Morehead presiding. 
PETITIONS. ye 

Mr. Scott, of New Hanover, petition from # 
500 citizens of New Hanover, asking an — 
appropriation for the State Guard. 

Mr. Alexander, bill for the relief of Mr. 
Flow and others. 

Mr. Pinnix, petition from eitizens of Da- 
vidson to drain the lowlands of Potts’ 
creek; also two petitions, one for and the © 
other ‘against the drainage of the lowlands 
of Daker’s creek. 

Mr. Toon, asked indefinite leave of ab. — 
sence for the Senator from Robeson, who 
was at home sick. Granted. 

Mr. Lyon, bill to protect the interest of 
cotton planters in North Carolina. ‘ 

Mr. Pinnix, bill to drain the lowlands of 
Potts creek in Davidson. 

Mr. Pinnix, bill to drain the lowlands of 
Daker’s creek in Davidson. 

Mr. Webb, bill to incorporate the Shelby 
Baptist Female College. " 
Mr. Clark, resolution instructing the At-— 
torney-General for immediate suit against ti 
the parties in possession of the Western 
North Carolina Railroad for the payment of — 
interest due the State on the bonds of said 
road for'1881 and 1882. No 

Mr. Scott, of New Hanover, bill for pro- — 
tection of shipping. : 

Mr. Watson, bill for protection of fish in A 
Dan river. Also, bill for protection of © 
fishing in Cashie river, Bertie county. 

Mr. Mebane, bill to repeal chapter 255 
laws of 1874-75. 

House bill 297, Senate bill 354, to amend - 
the liquor law in Northampton county, | 

passed third reading. (This was the bill 
Re cdtiti the sale of liquors, which was a 
discussed. yesterday. ) taper} 

Mr. Clark, bill to levy a tax in Cravenfor 
the benefit of the jailin Newbern. uN 

OALENDAR. ‘ 


Bill for repealing the omnibus bill of 
1881. ® ° a 
Mr. Watson moved to recommit for the _ 





en Sete ey = 


> w 3 ¥ 


OS ek Se 


es he 









Mr. King, of Cherokee, was opposed to 
modifying « or repealing, and moved to table 
the bill. 

Mr. Loftin asked the ayes and noeson | 
Granted. ca) 





92 Proceedings of the General Assembly of North Coralie 


The bill was tabled—yeas 23, nays 22. 

Bill to repeal the act for the better pro- 
tection of fishermen and farmers so far as 
it relates to the city of Wilmington. 

Mr. Scott opposed the bill, and also an 
amendment to leave the repeal of the ordi- 
nance to the vote of the people of Wilming- 
ton. 

Mr. Dortch spoke in favor of the bill. 

The amendment was lost. 

Mr. Hill opposed the bill. 

The bill passed by a vote of, ayes 27, nays 
188 

Bill to incorporate the North Carolina 
Tobacco Exposition was, on motion of Mr. 
pyens, put on itsre adings and passed. 

Jones got leave ‘of absence for the 
Senator from Madison till Tuesday next. 

Bill as special order to prevent live stock 
from running at large in certain portions of 
oy and Green counties. 

r. Loftin offered an amendment. 

Me Dortch said the bill passed the House 
almost unanimously, and a petition had 
been presented of at least two thousand 
names in favor of the passage of this bill; 
the landholders almost unanimously were 
in favor of it. He said the day would come 
when the larger portion of the people 
of North Carolina would favor a stock law 
and the sooner it came the better. He op- 
posed the amendments of the gentleman 
from Lenoir. He had letters from pro- 
minent Republicans in that county asking 
him to favor the bill for the interest of the 
landholders in that: county, he knew that 
the non-land holders down there were op- 
posed to it and if submitted to a vote he 
thought it would be defeated. 

Mr. Loftin opposed the bill, he wanted it 
voted upon by the people, and men like the 
Senator from Wayne and others to go 
among them and advocate it, then he 
would bein favor of it. He was pledged 
to his people to oppose it. 

Mr. Linney in favoring the bill said, 
when aman knew a goed thing would be 
endorsed by the people when they had 
tried it then it was his duty to go in ad- 
vance of them and vote for it—that made 
the statesman—the rest the demagogue. 

Edmond Burke once said he didn’t vote 
for what the people wanted now, but for 
what he knew they would want in less 
than five years. He should vote for the 
pill, he knew nothing of the people down 
there, but he did know tbat wherever there 
' was brains the fence law was bound to be 

the law, and he believed they were intelli- 
gent people down that way 

Mr. Whitford mip pOREN the billas did 

_ also Mr. Caho. 

Mr. Alexander opposed the amendment. 
He was opposed to submitting questions to 
the people, which didn’t involve tae right 
of taxation and then again it would make 
great hardship as thirty days notice would | 















i 
5 


have to be given and it pitt shee 
time away up in April, and now was th 
time when they were getting their crops in. 
The law was in force in his county and the 
people didn’t want to get back, and after 
two years’ trial the other party wouldn't 
permit any opposition to him. 

yr. 8 rayhorn asked how they could get 7 
back even if they wanted to. 

Mr. Linney said they could eleet and 
send a member who was eppaged to thee 
law. 

Mr. Strayhorn opposed the bill. He knew 
some of the largest farmers—Democrats— 
in Orange who had voted every time against 
a stock law. There was no way to get out 
of the law if once in it. 

Mr. Watson said as the Senator from Le- 
noir thought the law would benefit him he 
asked him if he was an owner of real estate. 

Mr. Loftin—Yes sir. 

Mr. Watson, would it benefit the land- 
holders there ? 

Mr. Loftin, yes, sir, almost unanimously. 

Mr. Watson—Now I would like to know 
of the Senator from Orange if he is opposed 
to a bill benefitting the landholders ? 

Mr. Strayhorn—I am opposed to all 
stock laws unless by a vote of the people. 

Mr. Watson—Then you are in favor of 
the non-property men controlling the land- 
holding interest of the country. The Sena- 
tor from Orange is welcome to his position. 

The amendment was not adopted. Ayes 
aL vay oes 27. 

r. Loftin offered an amendment, not to 
go a effect till January 1st, 1884, &. 

Mr. Strayhorn said: 1am in favor of the 
amendment offered by the Senator from 
Lenoir, submitting this question to the 
qualified voters in the territory embraced 
in the bill. I, for one, do not believe it 
right or just that a majority in this Senate 
should override the will of the people, and 
the, Senator from Wayne has stated that a 
majority of the voters in his district are 
posed to this law. The Senator from 


, Mecklenburg has stated that no community 


which has adopted the stock law, has ever 
repealed it. I would ask the Senator if 
there is any provision of law which enables 
a community having adopted the stock law, 
to rid themselves ot it, and return to the 
old_ system. I affirm there is none, but 
there ought to be. As the law now stands, 
any district which has, adopted the stock 
law, is compelled to live under it, no mat- 
ter how badly it may work—like the tracks 
to the lion’s cave, they all lead in, but none 
out—so with the adoption of this stock law. 
I shall vote for the amendment and hope 
that this matter may be submitted to the 
people. 

Mr. Poole called the previous question, 
and the main question was ordered. 

The amendment was not adopted; ayes 
12, nays 24. : 


















‘he bill. passed te second reading, and 
ftin called for the ayes and’ nays on the 
spension of the rules to put it on its third 
ae vote stood ayes 23, nays 8, so the 
ules were suspended, and the bill put on 
its third reading, on which Mr. Dortch call- 
the previous question, and Mr. Stray- 
horn asked the ayes and nays; not ordered. 
ill passed its third reading. 
Bill in reference to the plan of the town 
of Wilmington. 

Mr. Scott explained that the old plan was 
lost, and this is for a copy. He moved the 
reference of the bill to the judiciary. 

Mr. Payne, bill to establish a normal 
school at Monroe. 

ill to amend the law of attachment 
passed third reading. 
Mr. Boykin, bill fo change the constitu- 
tion. It provides that the money for edu- 
cation from the tax on property and polls 
of the white race be applied to the educa- 
_ tion of the children ef the white race, and 
_ that from the colored race to the educa- 
tion of their children. If the money col- 
lected from polls and property of either race 
be not sufficient to enable the county com- 
missioners to comply with the require- 
_ ments, then they shall not be liable to in- 
 diztment, ete. 

Bull to incorporate the North Carolina 
Christian Colored Conference passed third 
reading. 

Bill allowing creditors in certain cases to 

_ sue before claims come due. 
Mr. Dortch explained that *t was where 
the debtor was about to dispose of his 
_ property, or about to abscond, but if the 
debtor prove that such is not the case, he 
shall have judgment for costs and be enti- 
tled to sue the creditor for damages sus- 
tained. 

Mr. Toon opposed the bill. He regarded 
it as a violation of contract between pirties, 
and could be used as an engine of hate and 
Pamalice, 

_ sx. Poole spoke against it. 

' Mr. Dortch trusted if the Senate could 
_ better perfect the bill.it would do so. He 
_ would like it fully discussed, and wished 
_ no vote on the bill to-day. 

_ Mr. Jones was in favor of the bill, but 
would like a certain amendment, which 
Mr. Dortch said he would accept. 

_ +r. Payne favored the bill. 

_ Mr. Scott, of Rockingham, sent an amend- 
ment. 

Mr. Dortch moved that the bill as 
_ amendments be made special order for next 
Friday at noon. Ordered. 

_ Bill allowing the Gas Company of Ral- 
eigh fo increase their stock from fifty 
thousand to one hundred thousand dollars. 



















Adopted. The bill passed its third read~ 





| various Ieee ein 















































ing 
ti Pinnix’s resolution in regard to the 
election of justices of the peace. 

Mr. Pinnix said he had something less — 
than a cart load of petitions for the ap- — 
pointment of magistrates, and this resolu 
tion threw them before the committees. ; 

Mr. Scott, of Rockingham, preferred 
them-offered in the Senate, as here they ha 
the calendar to show that they were pre 
sented. Resolution adopted. 

‘ill to repeal the purchase tax now levie 
on liquor dealers, on motion of Mr. Stray 
horn, was referred to the committee o 
finance. Adjourned, 

HOUSE OF REPRESENTATIVES. 

The House met at 10 o’clock, Speaker 
Rose in the chair. 

aa by the Rey. Dr. Skinner, of Salis 
bury Street Baptist church, of this city. 
The reading of the journal was disnen aa ‘ 
with and it stood approved. 

PETILIONS 
were introduced as follows : 
ir, Sherrill, relative to the appointment 
of a justice 6f the peace for Newton he 
ship, Catawba county. Oa 

Mr. Holt, asking for prohibition in cer- Tih 
tain localities. va, 

Mr, Harris, of Wake, petitions from citi- 
zens of Wake county, praying that convict Ai 
labor shall not be placed in competition — a 
with honest labor in said county. 

Mr. Tate, relative to the sale of liquor at 
Rutherford College. 

Mr. Wood, from Kinston, relative t 
graded schools. ; 

‘x, Williamson, from Brunswick county 
relative to the appointment of a justice 
the peace. 

Mr. Gudger, from Buncombe county, r 
ative to the appointment of a justice of th 
peace. 

Mr. McLoud, from Halifax county, op 
posing the establishment of a township i 
said county. 

vr. Ray, from Macon county, asking for 
a change of name of Blue Ridge township 
to that of Highlands. Asking that the 
town of Highlands be incorporated. P 
mon relative to the appointment of justice: 

Worthington, from the citizens o 
Piyaioutls to keep in force ch. 62, priv 
laws 1881. 

Mr. Powers, of Cleaveland, from Clea 
land county, relative to the sale of liquo : 
near Zion Baptist Church. ee 

sr. Bennett, petitions from St 
county asking the repeal of prohibitor 
laws as to Salem and Friendship churche 
said county. 


REPORTS OF COMMITTEES. 
The following bills were een on 




































































- To incorporate the Yanceyville Grand 
- United Order of Benevolence. 

- To incorporate Spring Shoals Manufac- 
turing ompany. 

To incorporate the Rutherford Railroad 
_ Company. 

To incorporate the Enterprise Manufac- 
turing Company. 

To construct a road in Jackson and 

_ ‘Transylvania counties. 

To provide for the completion of the 
_ Midland North Carolina Railroad Company. 
___ To allow in certain cases the extension of 
term of a court. 

‘fo facilitate tae construction of the New- 

bern and Beaufort Canal. 

To increase the fees of justices of the 

 ~peace. 

it Boe, amend section 5, chapter 334, laws of 

To incorporate the Cabarrus County Co- 

operative Association. 

- To abolish the fees of justices of the 

-—~peace. 

To incorporate Globe Academy. 

Relating to the Board of County Commis- 
_ sioners. 

Yo amend chapter 13, laws 1880. 

__ To amend chapter 11 of Battle’s Revisal. 

To make more effectual the punishment 

Of erime in courts of justices of the peace. 

De RESOLUTIONS. 

Mr. Ray, in favor of L. Howard, of 
_ Macon county. 

Mr. Hayes, of Robeson, instructing the 
committee on privileges and elections. In- 
structing the committee on agriculture to 
report a bill, and one of inquiry from the 
same. Changing the tax on guano from 
_ $5.00 to twenty cents per ton. 

_ Mr. Williamson, in regard to the time of 
_ meeting of the House of Representatives. 

Baty BILLS. 

The following bills were introduced, 
passed their first reading and were referred 
as follows: 

__Mr. Bunn, to make fishing with a seine or 
net in Sappany Creek, Crossing township, 


_ Nash county, a misdemeanor. Judiciary 
committee. 
Mr. Poe, to amend section 1,441 of the 
Code. Judiciary. 
To amend seetion 3,584 of the Code. Ju- 
diciary. 
To amend sec’ion 3,605, chapter 106, of 
the Code Judiciary. 
- To amend section 3,633 of the Code. Ju- 
ciary. 
To amend chapter 111 of the Code. Ju- 
ciary 


wr. Bailey, of Mecklenburg, act relating 
_ to the enforcement of mechanics’ and labor- 
ers’ liens. Judiciary. 
_ To allow husbands of insane wives to 
‘convey their lands. * Judiciary. 

Myr. Hewlin, to amend chapter 264, laws 
1879. Judiciary. - sua 

sigfey wil 


PP ef ee ae |e ec a 
li ~ yi Cenk tie UY 


Proeeedings of the General Assembly of North Carolina, a 



























a 


bys 


ester 

Mr. Turner, relative to the sale of © 
within two miles of Common Chap on 
Moore county. Propositions and grievances. 

Mr. Stringfield, to prevent the felling of 
timber in any of the creeks or rivers in this 
State. Propositions and grievances. 7 

To prevent the felling of timber in Pigeon — 
river. Propositions and grievances. oh 

Mr. Ray, to protect deer in certain sea- — 
sons of the year. Propositions and griev- 
ances. ia 

Mr. Harrison, toamend chapter 234, laws — 
of 1881. Propositions and grievances. 
_ Mr, Anderson, to repeal chapter 143, laws 
of 1881. Propositions and grievances. 

Mr. Harris, of Davidson, to charter the — 
Thomasville and Silver Valley Railroad — 
Company. Corporations. 

vr. Reid, of Gaston, to incorporate Wil- — 
son’s factory. Corporations. a 

Mr. McLoud, to amend the charter of the 
town of Asheville. Corporations. 

Relating to the gas and water supply for 
Asheville. Corporotions. 

Mr. Worthington, to incorporate the town — 
of Palmyra, in Halifax county. Corpora- 
tions. 

Mr. Ray, to incorporate the town of — 
Highlands, in Macon county. Corporations. 

-r. Page, to incorporate the Carolina 
Wharf, Warehouse and Compress Com- 
pany. Corporations. 

Mr. Gatling, to change the name of the 
Edenton and Norfolk Railroad Company. 
Internal improvements. 

Mr. Wilcox, to establish graded roads in 
the counties of Wilkes and Ashe. 

Mr. Bunn, to establish graded schools 
in Tarboro township, Edgecombe county. 


Education. } 
Mr. Wood,to establish a graded school B 
in Kinston. Education. ¥ 


Also to create four new townships in the 
county of Lenoir. Counties, cities,towns and ~ 
townships. 

r. Ray, to change the name of Blue 
Ridge township, in Macen county, to that — 
of Highlands. Propositions and Griev- 
ances. 

Mr. Harris, of Wake, to amend seetion 3, — 
chapter 306, laws of 1879. Calendar. 

Mr. Overman, an act relating to the — 
salisbury graded school. Calendar. 1 

Mr. Bledsoe, to repeal chapter 58, 
orivate laws of 1881. 

Mr. Bunn, to incorporate the Rocky 
Mount Agricultural and Mechanical Asso-— 
ciation. Corporations. 4 

THE DIVORCE BILL. 

The unfinished business was then taken 
up, it being the bill relating to divorces 
pending the consideration of which the — 
House on yesterday adjourned. ‘ 

Mr. Powers, of Cumberland, hoped the 
amendment making habitual adultery in 
the husband sufficient cause for divorce 

d be voted down as it 













eS ea. eee 
. a5 


yen 


= 


SS 


Ss - = 





elevating women. 








Pa eee Aa SET. Mare gee ae 
i lh til ata 


enough to prove one act and it would be 


impossible to prove habitual adultry.- 
Mr. Bunn said the gentleman who re- 


ported adversely on this bill claimed to be 


the peer of any man in this House or in the 
State in their high admiration for women. 
That he did not consider that the 
virtue or purity of the women of the 
State was in question. 

Mr. Sherrill was in favor of the original 
pill without the amendment, but would be 
willing to vote for it even with the amend- 
ment. 

Mr. Peebles was opposed to the bill and 
said that in the States where divorces were 
easily obtained there was a tendency to run 
into free loveism and thought that it would 
have a tendency to degrade instead of 
That God when. he 
created man and woman placed a dis- 
tinction between them and that we could 
not tear it down by legislation because the 
power of the Omnipotent had placed there. 
Alluded to the case cited on yesterday and 
said if public opinion would not enforce 
the law against fornication and adultery in 
that case would public opinion sustain the 
passage of this bill. He thought that the 
bill as amended would be all that was 
needed. 

Myr. \ cLoud cited the case of Miller vs. 
Miller in 78 North Carolina Reports, and 
said that although in conformity with the 
law, such a law was an insult to wo- 
man and a disgrace to the State. 

‘lv. Peebles moved to amend by adding 
the words, ‘‘Or shall commit adultery with 
a Woman occupying the position of a do- 
mestic servant in his house.” 

_ Mi. Bailey, of Mecklenburg, in closing 
the debate, said that this bill was in the di- 
rection of high-toned legislation, and that it 
would tend to operate as a restraint upon 
husbands, and that a good and loving wife, 


if her husband should fall, would, if frankly 


admitted, forgive, aye, perhaps many times; 
that the true character of woman is best de- 
pictured by Pauline when she likens her 
sex to the insects caught by the glitter of a 
garish flame, but ‘‘oh! the wings once 
scorched they cling by the fatal light till 
death.” Inclosing his remarks he called 
the previous question. 

The question first was or the amend- 
ments of v essrs. Peebles and Lenoir, in the 
order named. 

The amendment of Vr. Peebles was lost 
by_a vote of yeas 21, nays 80. 

The amendment of Mr. Lenoir was lost 
by a vote of yeas 51, nays 59. 

The bill then passed its second reading 
by a vote of yeas 64, nays 48, after which 
it took its place on the calendar. 

The special order for this hour was, on 
motion, postponed until 11 o'clock Tuesday, 


it being an act in relation to judicial dis- 


wig t rapinie ils 


At its Regular Session, 1883. 





luk 


94 


SPEOIAL ORDER, 
an act to amend chapter 240, laws of 1879, 
was passed over informally. 

OALENDAR 
was then taken up, and the following bills 
disposed of as follows: 

To incorporate the Rutherford Railroad 
Company. Sccond reading. 

To construct a road in Jackson and 
Transylvania counties. Third reading. 

Resolution concerning the Department of 
Agriculture. Adopted. 

o prevent the felling of timber in Third 
Top creek. Third reading. 

To establish a graded school in the town 
of Hickory. Second reading. 

Mr. Procter offered a resolution instruct- 
ing the finance committee to report House 
bill No. 470. 

Mr. Bunn moved to table, and Mr. Proe- 
ter on that motion called for the yeas and 
nays. The call was sustained, and the reso. 
lution was tabled by a vote of 58 to 44. 

Messrs. Worthington, Peebles, Bower, 
King, Newby and Sutton rose to questions 
of personal privilege. 

Bill to authorize commissioners of Rowan 
county to pay W. G. McNeeley. Passed its 
third reading. 

Tc repeal the act incorporating the Cot- 
ton and Merchants’ Exchange of Goldatord 
Passed its third reading. 

To establish Roanoke township, in Hali- 
fax county. Informally passed over. 

To prevent the felling of timber in Four 
Top Creek. Passed its third reading. 

Resolution to commence night sessions 
on February the 12th. Adopted. 

To repeal chapter 95, laws 1879. With- 
drawn. 

Substitute for an act in relation to cotton 
weighers. Informally passed over. 

To authorize the commissioners of the 
county of Cherokee to issue bonds, &ce. 
Passed its second reading. 

Substitute for an act to repeal chapter 
117, laws 1879. Pending the consideration 
of this bill the hour for. adjourment arrived, 
and the House adjourned. 


SENATE. 
TWENTY-SEVENTH DAY. 
: TuuRsDAy, February 1st, 1883. 
The Senate was called to order at ten 
o’clock. 
The journal ‘of yesterday read and ap- 
proved. 


Mr. Linney asked leave of absence for _ 


a Senator from Yadkin until after Thurs- 
ay- 

Mr. Evans, petition from members of the 
bar in Wilmington, asking for four three- 
week terms of the superior court. 

Mr. Linney moved to suspend the rules, 
and take up 8. B. 406, authorizing the town 
of Statesville to rebond its bonded debt. It 
wassodone. There will be a sale of the 

v 


96 


Statesville Female College, February 5th, 
and the bill gets time on the town debt, so 
as to purchase it. Passed its third reading. 

Mr. Evans asked a suspension of the rules 
that bill 842 be taken up and passed, pro- 
viding for the payment of certain 
school teachers in Caswell. The rules were 
suspended, and the bill passed its third 
reading. 

Mr. Battle asked suspension of the rules 
» to take up bill 428, in regard to the sheriff 
of Warren county. The rules were sus- 
pended, and the bill put on its readings. 
Mv. Battle explained the nature of the bill, 
and spoke of the indulgence and cleverness 
of the sheriff. ‘r. Goodwyn and ¥r. Car- 
teralso spoke for the bill. Passed. third 
peading. 

Mr. Purnell, bill to incorporate Citizens’ 
Trust Company, also bill to amend chapter 
15, acts special session 1880. 

‘yr. Loftin, joint resolution for the Gen- 
eval Assembly to visit Goldsboro Graded 
School and Asylum next Monday, 5th; to 
go ~*onday and return Tuesday. There 
would be a special train. 

‘vr. Dortch said a good many members 
desived to pay the visit and he was requested 
by the officers to extend an invitation, Col. 
Andrews had offered a special train to start 
Tuesday at 8a. m. and return inthe even- 
ing. 

Mx. Watson opposed it. 

Mir. Scott offered a substitute returning 
thanks for the invitation, but respectfully 
declining the same on account of pressing 
business. 

“r. Scott’s amendment was adopted. 
Bill to incorporate the ‘‘American Legion 

‘onor.” 

Mr. Scott, of Rockingham, asked atten- 
tion to certain matters in the bill, and Mr. 
Clarke spoke to the bill, which finally passed 
its third reading. 

Bill to repeal the ordinance relating to 
the market house in Wilmington, came up 
on its third reading. 

wr. Scott, of New Hanover, presented 
petitions from a number of the citizens, 
protesting against the passage of the bill. 
He said there were forty or fifty Democrats 
in Wilmington, butchers and others, some 
paying as much as $600 a year rent, that 
this bill would break up. He believed he 
was speaking for nine-tenths of the citi- 
zens of Wilmington. 

‘x. Scott amended, on the third reading, 
fo submit it to the votes of the people. He 
spoke to the amendment. It was lost, ayes 
13, nays 26. 

The bill passed its third reading. 

Bill concerning the town of Middleburg, 
in the county of Vance; substitute for the 
same passed its third reading. 

Bill to incorporate the insane asylums of 
the State, and for other purposes. Passed 
its third reading. ’ 


of 


| 
Proceedings of the General Assembly of North Carolina, 














‘ 
_s 


House and Senate bill regarding dirt — 
turnpikes, and the building of bridges over — 
navigable streams. 4 

Mr. Pemberton thought these bridges — 
needed in the mountains; it would please 
the Western people, and he should vote 
for the bill. He thought the great State — 
of North Carolina should not require the 
payment of $25 for granting them the priy- 
ilege. 

Messrs. Watson, Boykin and Jones also 
favored the bill. It passed its third read- 
yng. 

Mr. Lovell, of Watauga, also spoke for 
the bill. 

Resolution of instruction to the members 
in Congress for their influence to present 
the transfer of the revenue marine, light 
houses, &c., to the Navy Department. 
Adopted. It is a joint resolution. 

Bill making provision for holding spring 
term of Madison court was called up by 
Mr. Jones. Passed its third reading. 

Bill to more effectually prevent the 
wrongful removal of joint fences. 

Yr. Linney said the bill without the 
amendment made the removal of the 
joint fence the same as the removal of any 
other fence; he hoped the amendment of 
the committee would be voted down; it 
gives the joint owner three months notice. 
The amendment was adopted. The bill 
passed its third reading. 

Bill to relieve from the operations of the 
stock law. “r. Ramsay’s bill gives thirty 
days notice and provides an election to vote 
“stock law” or ‘no stock law.” There was 
an adverse report from the committee. 

Mr. Battle moved to lay the bill on the 
table, but withdrew it that the Senator 
from Rowan might be heard. ‘ 

Mr. Ramsay spoke to his bill. He ex- 
plained that even if the people decided to 
do away with the law, the county commis- 
sioners would have to wait six months and 
then give thirty days notice in time for the 
fences to be put up. 

»y. Morehead wanted to know if there 
was any provision for building up the far- 
mev’s fences for him. 

Mr. Ramsay said it was contemplated 
that the farmer should build the fences 
himself. He said this was an issue in his 
part of the district last spring. He asked 
if the same people who make a law have 
not the same power to unmake it. 

* r. Pemberton hoped the bill would not 
pass. In Cabarrus county the law had been 
in foree six years, the rails were all gone, 
the people were contented, and to pass this — 
bill would stir up strife in every township — 
where a few men were disgruntled, and 
there was not timber enough in the county 
to put back the fences. Representing — 
the property of the people as well as_ 
themselves, he was compelled to oppose the 
bill. 










| 


AT ae es hs 








































At its Regular 


ie as said he hada petition, signed 
y 400 citizens of Union, in a district that 
ha adopted the stock law. They were 
thoroughly satisfied with that law, and 
ere had not been a single petition to get 
rid of it. The keynote was sounded by the 
entleman from Stanly, that all the rails 
Bad been burnt, and after spending about 
four thousand dollars to put a fence around 
that district it would be an enormity in 
tae Legislature to change the law. 
r. Linnev spoke earnestly’! against | the: 
pill, tt was violative of that principle which 
"forbids the taking. away, of. vested rights; 
he did not believe that the county of Day ie 
wanted to be,relieved of the law; the) Cain 
matter was;,a;,,mere hobby; wealthy, | 
Republicans who approved of the stock law 
‘were driven toit under,the crack of,,the 
y whip from. the.Senator, of ,Rowan; ,they 
_ would condemn Cain insthe next campaign. ,, 
‘as badly as the old Cain of the Bible was 
condemned. 
Wir. Watson.asked Mr. .Ramsay if; in 
owan county, where the layi;had been 
tried for years, there was complaint? 
A Mr. Ramsay said he. did not) think there 
» was. 
_ wr. Strayhorn asked,.ifithe : stock law pers: 
_ came povular so soon, what was the, ob- 
‘ jection to this vill? . i, . 
_” Mr. Watson said he did, not say, they. be- 
' came enamored, with the law sa soon; 
' they had to be.tnained. to it and then. they. 
' likedit. He charged the Republicans with 
making war on the farmers? best interests 
» for the sake, of party capital,, He referred, 
' to the clock’s stopping.-when . Mx., ®ADSAY 
' was speaking and only began to run again 
' when Mr. Linney, took the, floor for the pro-,, 
4 gressive interests of farmers. 
| Mr. Strayhorn,said.it was, for ‘good the 
clock stopped, like.the. sun , when, vit stood : 
still, it was to give Mr. ceamneey a plent y ot. 
y rae. 
mM Watson, fis te ¢ Yes, and. if the 
Wl epublica party ‘had been. present when. | 
_ the sun stoad still they would have, tried to 
have made some political,capital ont» .of it..,, 
' @r. Pinnixysaid if this,, bill. passed" there » 
were enough of; the; Hairston and Carter, 
negroes in ‘Davie to. overturn the lawyne | 
~ groes who had no-othen interest; mulenie of}, 
-peopile’s smoke houses. . 2 
» Mr. Bae ay: again spoke for his pill., ‘He 
said Mr. Cain;; the,.Representative from, 
Davie, owned more landed property than 
any man in the-county.)/; 5 ‘ 
My. Pinnix moved to table, the ‘bill. |, 
Mr. Ramsay got the yeas.and age 
bled—yeas 27, nays.10. 
i Bill to amend section t, chapter 288, laws 
1881. Passed:its third reading.) 
wr. Strayhorn gat jleave: of. absence for 


Ta- 


Session, 1883. 










the Senator from Huthertord till after | 
nursday. Rea ey ar. 
en got Ne of ep gee for- 2 


97 


the Senator from Lincoln from and after 
to-morrow. 

Bill to repeal chapter relating to certain 
towns and villages in Bertie county. 

[Mr. Strayhorn arose to a question of per- _ 
sonal privilege—as to his answer to Mr. 
Watson in opposition to the landholders. 
He was not opposed to benefitting land- 
holders, but was opposed to all stoek laws, 
unless by vote of the people. ] 

[Mr. Perry, of, Burke, said he had said 
nothing onthe’ stock lawsybsterday; it was 
Mr. Linney’s speech, and he waned him 
to have ‘the full eredit.] 

[*r. Loftin said he did. not, say he: was: 


not-m favor of the stock law yesterday, but 


only suggested that. men like Senator Dortch 
and others prepare the! people . fori it, andes 
the law be voted on. 

—P¥n. Pinnixasked and obtained leave to. 
record his vote on) the Wilmington bill, 
which:was disposed of while he was in ata” 
tendance upoma meeting of the Board of. 


‘Trustees of the University. 


[it was, on motion of. Mr. Ewans, not 
Eaves, that the rules; were suspended, and » 
the Durham tobacco exposition bill pasted 
yesterday. 

{On the motion referring petitions for. 

magistratesito the committees, Mr. Scott, of ; 
Rockingham, said he preferred them: offered 
in the. Senate—not: “prepared” ‘as it» was 
printed. The; report was hastily written - 


and difficult, to. read. i 


HOUSE OF REPRESENTATIVES. 

The House met at 10,0%clock, Yr. Speake 
Rose in the chair. j 

The reading of the journal was dispensed . 
with, and it stood approved. j 

PETITIONS 
were introduced as follows: 

Nr. Thompsen, petition asking: for the » 4 
POT EIE of public highways by taxation. 

r. Smith, petition of Mary R. Moore 
ae an appropriation. 4.) 

Mr. Myers, petitions relative, to the ap. 
pointment of justices of the, peace, 

Mr. Proctor, relating to the liquor tax. 

Mr. Johnson, of Craven, from citizens of 
Craven county, protesting against the an- 
nexation of ‘a part of Craven to Carteret.” 

vr. Harris, of Wake, from citizens of’ 
Wake, praying that’ convict labor be not 
brought in competition with honest’ labor. 

Mr. Patrick, from Tyrrell, asking that a 

tax be levied’ on mill logs and other unman- 
ufactured timber! shipped out. of this. State 
to other States. 

| REPORTS OF COWMITTEES. 

Various committees made ot on the , 
following bills‘and resolutions: |”, 

Resolution expréssing thé sense of the Gen- 
eval Assembly relative to the encourage-_ 
ment of capitalists. “To make bonds issued | 
‘by. the State or any municipal corporation 
under or by authority of thé State redeem- ¢ 


iT 








4 


98 


able after five years. To prevent the felling 
of tin.vcr in Pigeon River. An act to es- 
tablish a department of Agriculture Im- 
migration and Statistics, etc. To regulate 
the serving of notices and taking of de- 
posilions in contested election cases. To 
amend section 1, chapter 262, laws 1881. 
To prohibit the sale of liquors within one 
mile of Chapel till “ hureh in Iredell 
county. ‘To authorize personal represen- 
tatives to secure property conveyed by 
fraud. ‘To repeal an act amending the law 
prescribing the duties of coroners. To 
make it amisdemeanor to fish with lines or 
nets in Sappony Creek in Nash county. To 
amend chapter 234, laws 1881. To repeal 
the law making Hiwassee River a lawful 
fence. To prohibit the sale of liquors in 
certain localities in Madison county. To 
amend the charter of the town of Mount 
Pleasant, Cabarrus county. To amend 
section 3,605, of chapter 106 of the code. 
To amend section 1,441 of the code. To 
amend section 1, chapter 127, laws 1879. To 
amend chapter 264, laws 1879. To es- 
tablish stock law in a part of Perquimans 
county. To amend section 3,633. of the 
code. To prevent the felling of ,trees in 
North Hunting creek, Iredell county. To 
prevent the felling of timber in any of 
the creeks or rivers of this State. To lay 
off a new county to be called Richland. 
To change the name of the Edenton and 
Norfolk Railroad Company and to amend 
the charter. To amend section 3,584 of 
the code. 


BILLS 


were introduced, passed their first reading 
and were referred as follows: 

Mr. McLoud, to amend the law changing 
the time of holding the courts in the ninth 
judicial district. Calendar. 

Mr. Holton, to make it a misdemeanor to 
employ a minor without the consent of the 
parent or guardian. Judiciary. 

Mr. Harris, of Wake, by request, act rela- 
tive to the fence law. Judiciary. 

Mr. Bailey, of » ecklenburg, to amend 
sections 27 and 42 of the Code of Civil Pro- 
eedure. Judiciary. 

Mr. Stringfield, to regulate\the sale of 
liquor in certain localities in this State. 
Propositions and grievances. 

‘yr. Hardy, concerning hunting for wild 
fowl. Propositions and grievances. 

wr. Patrick, to authorize Tyrrell county 
to levy a special tax. Finance. : 

Mr. Stanford, an act making appropria- 
tions for the insane asylums. Finance. 

Mr. Sherrill, to incorporate Wesley 
Chapel church and camp ground, in Ca- 
tawba cotnty. Corporations. 

wr. Patrick, to authorize the commis- 
sioners of Tyrrell county to sell certain 
property. Cities and towns. 

Mr. Newby, to amend section 3, chapter 


Pro:e dings of the General Assimbly of No. th Carolina, — 
















82, laws 1879. Railroads, postroads and 
turnpikes. 4 
Mr. Bailey, of Mecklenburg, to define 
and limit the fees of clerks of the Superior 
Court. Salaries and fees. 

Mr. Smith, to pay Mrs. Mary R. Moore 
for services. Propositions and grievances. 

Mr. Proctor, to allow clerk of the Su- — 
preme Court fees in certain cases. Salaries 
and fees. 

Mr. Page, to make conductors special — 
policemen. Propositions and grievances. 

THE OALENDAR 
was taken up, and the following bills dis- 
posed of as follows: 

‘To incorporate the Rutherford Railroad 
Company. Passed its third reading. 

Leave of absence was grante| to Messrs. 
Peebles, Tomlin and Stringfield. 

To amend the act changing the time of 
holding the courts of the 9th judicial dis- 
trict. 

SPEOIAL ORDER 
for this hour, being an act to change the 
time of certain counties for settling with, 
the State Treasurer, was taken up. é 

Mr. Glenn said he hoped the House would 
pass this bill; it would be of great benefit to 
the people in the tobacco counties; that his 
county had always paid up promptly, but 
the farmers would be greatly benefited by 
the change; that tobacco was most always 
low in the, fall, and then he had known 
tobacco that sold for four or five dollars in 
the fall bring from eight to fifteen dollars 
in the spring; that tobacco manufacturers 
were not generally on the market in the 
winter, and tobacco was most always low; 
that he had seen the State Treasurer, and 
that he said he would be glad to have part 
of the taxes coming in the spring, and asked 
if it would not be better to allow these peo- 
ple four months longer than to cause them 
to sacrifice their tobacco in the fall, for the 
money to lie in the vaults of the Treasury, 
when if they held their tobacco they might 
realize twice or three times as much. He 
said that in old times taxes were collected 
in the summer, which suited his people 
very well, but it was then changed to the 
fall to suit the large majority of counties 
who raised cotton, asthe fall was the best 
time to sell cotton; that he did not wish to 
interfere with those counties, but only only 
wanted to allow the tobacco counties to 
Bat atime that suited them equally as 
well. 

vr. Poe thought such a law would mect 
with the approbation of the people of wes- 
tern North Carolina particularly, and hoped 
the substitute of Mr. Glenn would be pass- 
ed. That the present law worked a hard- 
ship'on the people of those counties, and 
that the substitute would vive them the 
needed relicf. 

Mr. Williams, of Granville, was forcibly 
and favorably impressed with this substi-— 


















ven 


At its Regular Sessicn, 1883. 


and said it would hurt no county in the 
e. He was as much opposed to class 
gislaticn as any one, and would vote for 
0 bill, even in favor of his own county, 
- whith would militate against the rest of 
_ North Carolina. All this act asked was to 
change the time of paying taxes, and it only 
ostponed the collection of the State taxes. 
He hoped it would pass unanimously, be- 
cause it hurt no one, and benefited a desery- 
ng class of our people. | 
: Mr. Eaton hoped that the bill would pass, 
Jecause it was needed by the people of the 
- tobacco counties, and would hurt no other 
county. 
Mr. Sherrill could not see any objection 
o the bill because it affected no other 






he least as the Treasurer preferred that 
he taxes should not at all come in at 
once. 

_ Mr. Punn favored the bill. 

_ Mr. Cain moved to insert Davie because 
his county was a tobacco growing county 
_ and needed it. The substitute was adopted. 
_ The bill as amended by the substitute 

_ then passed its third reading. The next 

a SPECIAL ORDER, 

_ being an act to amend the charter of the 
_ town of Beaufort, was taken up. 

_ Mr. Poe offered an amendment which 
was lost. 
‘The bill then passed its third reading. 
H CALENDAR (resumed. ) 

To facilitate the construction of the 
_Newbern and Beaufort Canal. 
_ “yr, Powers, of Cleaveland, wished to 
_ have the bill explained. 
_ ‘ir. Stanford explained by saying that 
_ the State owned some stock in the old 
Chesapeake and Albemarle Canal Company 
md it was proposed to give said stock, 
which was not worth a cent to their com- 
pany provided they would build this Fe.w- 
fort and Newbern canal, and that the 
‘State would lose nothing and the people of 
at section would be greatly benefited. 

\r. Page hoped the bill would pass, be- 
ause it was greatly needed by the people 
of his section. 
vr. ‘rouse stated that there was still re- 
- maining $250,000 of the State’ interest in 
' this canal, and that’ while this stock was 
early worthless, he thought the Legisla- 
ure ought to go slow. 

Mr. Robins thought the bill ought to be 
ostponed and printed; that as long as the 
tock was worthless the State might keep 
it, but when it was likely to possess some 
prospective value by reason of a Northern 
anal being dug, the State was called upon 
0 give it away. 

wr. Barrett thought the State’s interest 
i uld not amount to the cost 























to refer to the commit- 


ai BY 
















Pre AAW iy le 
» Hayat ta 


lat 




























"ry. “cOotter said it was of vast im- 
portance, and he could see no reason for 
referring to any other committee as it had 
been examined by one of the ablest com- 
mittees of the House and they had reported — 
almost unanimously in favor of it; thought 
it would be of great benefit. 

Mr. Glenn said the only question was 
would the State be willing to give stoc 
provided the canal was completed. 

Mr. McLoud had noticed that all the op- 
position to the bill came from the west, — 
and that it was a question which effected 
the east only, and that the eastern member 
were without regard to political complica: 
t’on in favor of it, and he hoped the wes 
would withdraw its objection. ; 

Mir. Crouse was not opposed to the bi 
because he was frém the west, but only 
wanted some reason wh ;he should vote for 
it, and unless some good reason should be 
given he should vote against it. 16 

Mr. Simmons was opposed to’ reference _ 
to the finance committee. : 

Mr. Stanford had no interest in this bill, 
as he did not uve in the section it would — 
pe and he hoped it would pass to- — 
day. 
» x. Forbis did not see any necessity in 
rushing the bill through. 

Mr. Holt was in favor of the bill, because 
the stock was worthless, and that it would 
greatly benefit those people, and was in 
favor of giving it in the interest of valuable — 
lives and property. 

Mr. Robbins thought that the State wa 
not in a condition to make any appropria 
tion for internal improvements in any part 
of the State. That the proposition was, so 
far as he could see, equivalent toappropria- 
ting $25,000 to this company for building 
two anda half miles of the canal, and if 
their stock was worthless, why did their 
company wish it? He wanted the light 
turned on. : 

Mr. Page was opposed to referring, be- 
cause it had already been examined by 
committee and thought that to refer it to 
another committee would be casting a re 
flection on the committee who had tre- 
ported favorably on it, and it would be an 
economy of time not to refer. if 

Mr. Thompson was a friend of the bill, — 
but was willing to refer. i): 

Mr. Sherrill was in favor of the billand 
hopedit would be put through. , Bhi 

r. Stringfield, as a western man was in 
favor of the bill. ‘ean 

Mr. Standford called the previous qu 
tion and the call was sustained. 

Mr. Robins withdrew his motion 
postpone and print. ; 

The motion to refer was voted down 
Mr. Robins called for the ayes and nays 
on the bill on its third reading. 
_ The bill then passed its third reading, b 


a vote of 9 to 16. Messrs. Bailey, of Wil- 





























































RR Any he HAV teat iat ‘ 


~ lunatics, &e. 


ae OR re 


ae 


\ 






100 


son, Bennett, Cheek, Crouse, Harris, of 
Day:dson, Hayes, of Robeson, Jenkins, Le- 
» noir, Liles, vcAllister, Patrick, Reade, of 
' Person, Riggs, Robins, Steed, Tate and 
Temple, voting in the negative. 

On motion of Mr. Williams, the rules 
were suspended and the following bills were 
taken up: 

Substitute for an act for the better pro- 
tection of the estates of deceased persons, 
Recommitted. 

"An act relating to the Salisbury graded: 
schools. Passed its third reading. 
HMBSSAGES.) fi fries # 

A message, was reecived from, the Senate. 
informing the JLouse. that the. Senate ,,had 
passed the following bills, which, were read 

/ 
and disposed of, aa follows: 

Yo incorporate the North Carolina. .,To-., 
bacco Exposition. Calendars...) 

For the relief of N..R, Jones, sheriff of «: 
Warren county. Passed, its third reading | 
under a suspension of the rules... 

The House then adjourned. 

Norr.—In ‘our report of Tuesday, of, the | 
debate on the divorce bill, we reported Mix. 
Frazier as saying the reason why.,the par-., 
fies were not indicted, which he referred to 

in his county, was beeause:the: grand juries 
- weie tainted with the same: disease. ; i. 
Frazier did not. say. that,, bug said. they 
“might” be.tainted.  ,. 

Mr. funa on yesterday. GWednesdas)d in. 
debate on the same bill, said thatthe gentle-,/ 
menof the committee who, reported : ad- 
versely on the,blll; claimed.to be .the-,peers 
of any man in the ‘‘ouse or]State, |‘‘in. their, 
high admiration”. for woman,,and, not. sim- 
7 ply that they, claimed to. be the peers of any. 
/ man, &c. 

Pending a resolution of censure directed 
against the editor .of the ‘Economist,’ 
newspaper, published in ‘the town of 5 
Elizabeth City, the gentleman from howan, | 
‘Mr. Sutton, arising to a question of. privi-., 
lege on Wednesday, isaid :., eer ARoete 2A 


“T have the honor ta represent, the county 

of Chowan on this floor, aud I know. some-,, 

_ thing of the,wants and.temper of. the; peo- , 
-I know that,,, 
Mr. reecy stands pone in-higs SARBOSHESB Ee! i 


ple in that 'adjacent.couaties. ; 


the bill. 
ry. Newby said :. 


‘As Lam a representative of Praquotant \ 


county, in which county Elizabeth, City is 
in, 1 feel it becomes. me to. say 
thing concerning the statement,just read in 
this house, from the paper of Elizabeth 
City, called. the ‘Eeonomist.’: I .must.say 


- that our people in. Elizabeth City are not, 


keeping so much fuss over the change of 


the Elizabeth City and Norfolk Railroad as, 


appears from the. reading of, the paper jast 
read. Our -people:beheve that, when .a 
railroad company builds. a road. i 

should have the sole power. to change the 
“name or anything else concerning the,road. 


Proceedings of the General Assembly of North Carolina, he 


some- ; 























Therefore, I hope the neebanele this Gen 
eral Assembly will not consider the words 
of the ‘Economist,’ just read in this House, — 
as the general sentiments of the good people — 
of Elizabeth City.” 

SENATE, 


TWENTY-EIGHTH DAY. 
Fripay, February 2. 


Senate calléd to ordex at 10 o'clock. 

vy. Watson, petition from citizens of 
(Winston for,pn jappropriation for the State, 
Guard. wa 

Mr. Webb, petition from certain,. citizens 
of Cleaveland asking prohibition, in 1 OP Ge: 
‘and )not three. miles of { p’s Creek, 
Church, also; petition thatthe; Blanton” id 
.| (Beatty school, house be not incorporated. 
| Mr. Clarke, petition from tax-payers of | 
Newbern asking for Graded School. ; : 

Mr. Payne. reported, fyom. the, committee 
‘on insurance on 8. B. 270, and asked to be, 
discharged from consideratign of the billas, 
twentyrfive, dollar - fee aid not achampany 
the same.) , ge -tatia || 

Mr. Evans, a substitute to his bill for the | 
protection af, crops jin Caswell. Fl 

viv. Dortch,; bill, to ,.ineorporate. colored. P 
orphan home of, Eastern North Carolina... : 

“yr. Neill, bill to prohibit sale of liquor a 
two and half miles,of, Sneider ,Chapel, 
Mitchell county. 

Mr. King, of Cherokee, resolution, of in- 
struction to our. Senators and . Representa, . 


tives in, Congress, roantova © 
‘to tga guaded : 


Mr. Clarke, bill 
schoal in Nebern. 

Mr. Lyon, bill,to. ‘puotegt rice planters on... 
Eagle’s Island in Bladen county, 5. )..«. 

r. Woodhouse asked the suspension of , 
rules;and the bill incorporating theNarsowh 
island Club passed its, third reading.;.. +, 

. yr. Harmer asked leave of absence for 
Senator Jones, of Nash, until Tuesday. — 
‘r.“ebane asked for, Jeave,of indefinite 
absence for Senator from,Bertie, .,+ , 
, Mnx.‘Lovell asked leave of, abyenes.tOr Mr... 
Dotson. ‘a Meee yey ete 
“r.,Purnell asked for leave of. _absence 
for, Mr; Pinni®. Lah 
(Bill by }\r. Qcott, ‘of; New, aay a to, 
amend ;,chapter,. 23). of... Battle’s , ‘Revisal; . 
section second provides that the constables. , 
shallireside in the townships where elected 
orappointed. -~He read a list, of prominent, ; 
Democrats of ‘Wilmington who. wished it 
passed. The bill takes. away the; richt-of ; 
Wilmington magistsates: to appoint special 
constables. .,; . 24 cay mel 
| Mr. Boykin said for the ‘committee that | 
they:looked on the bill as class legislation, ~ 
besides-he had consulted with, several.gen.,, ‘ 
tlemen from Wilmington, and they werg all 
oppased to it, possibly with one, exception, 
one gentleman said to him thatthe billaw: ’ 


ae a ae 

















ee 


Ris 
w) 





meant for political effect; he hoped it would 
be tabled. 

Mr. Clark liked the bill; these special con- 
stables were like bloodhounds, they were 
special runners, and they wanted them 
stopped; he sent up amendment to add 
Newbern to the bill. 

Mr. Strayhorn thought a man®hould only 
be deputized in special cases. There is no 
responsibility behind deputized constables, 
and if the merchants and citizens of Wil- 
mington wished it, it was as little as we 
could do to pass it. 

Mr. Scott, of new Hanover, said it seemed 
impossible for a Republican to get a bil 
through unless it was charged by the other 
side as a political measure. He urged the 
passage of the bill. It would be the great- 
est blessing in the world, ifinstead of these 
magistrates in Wilmington, sitting in their 
offices preying on the people by their spe- 
cial runners, they could have two good 
magistrates for the city who were paid a 
oe salary. This is why the best men in 

imington signed that petition to get rid 
of this curse; there is no politics in it. 

Mr. Watson said the statement of the 
Senator from New Hanover had stirred up 
a warm place in his bosom; it reminded him 
of the appeal coming up from the West to 
get rid of the revenue men; he thought he 
should vote for the bill. 
~ Mr. Purnell thought a bill now before the 
judiciary committee, when it was perfected, 
would cure these evils; this as a local bill 
would not get rid of it, and he thought too 
it was wrong in spirit. 

Mr. Morehead offered an amendment, 
“In actions of which justices of the peace 
have final jurisdiction.” 

»r. Alexander said these evils were not 
confined to the city of Wilmington, and he 
hoped the bill would go to the judiciary 
committee and be considered with the s:en- 
eral bill of the Senator from Wake. 

« -y. Boykin said one reason te commit- 


* tee had for adversely reporting on it was 


the tact that there was a general bill on the 
subject. 

r. Caho hoped it would go back to the 
committee. : 

Mr. Strayhorn offered a substitute limit- 
ing the power of justices only to special 
cases* for deputizing constables. All the 
matter was recommitted to the judiciary 
committee. 

On motion of Mr. Pemberton, chairman 


of enrolled bitls, the bill authorizing Gran- | 


ville county to levy a special tax, which had 
passed and was ordered to be enrolled, was 
reconsidered for corrections. 

My.. Watson, bill for an alternative 
method of keeping in repair the public 
roatls of Fotsyth. On motion of Mr. Dortch 


. the bill was ordered printed. 


Bill to establish a graded school at Lum- 


_ berton, in Robeson county. The Senator 


At its Regular Session, 1883. 


101 


from Robeson offered amendments, which 
were adopted. The bill passed its third 
reading—yeas 29, nays none. 

Mr. Clarke asked for a suspension of the 
rules, and the bill for a graded school in the 
city of Newbern was put on its readings. ~ 

Mr. Richardson said he noticed that the 
Senator from Jones was absent, and he had 
asked him to have this bill postponed until 
his return. The bill was placed at the bot- 
tom of the calendar. 

House bill to authorize the payment of a 
certain claim in Lincoln county for repair— 
ing a school house, was called up by Mr. 
Costner and passed its third reading. 

vr. Gray asked for a suspension or the 
rules to place his bill incorporating the 
town of ‘Kill Quick,” in Edgecombe, onits 
readings. Passed. 

_ ill to protect fish in Greene river. Passed 
its third reading. 

Joint resolution to pay John T. Morris 
thirty dollars, passed its third reading. 

Bill to validate the registration of cer- 
tain deeds for land. The committee offer- 
ed a_ substitute which provides 
when notaries public and clerks 
ofcourts out of the State have probated 
deeds to land in the State, they shall hold 
good. Passed its second reading. 

Bill to repeal the laws prohibiting fishing 
in the Yadkin river in Caldwell county, 
passed its third reading. 

Bill to change the mode of election of 
school committemen ; leaves the election 
to the people, the whites electing theirs and 
the colored people theirs. Bill was re- 
ported by Mr. Strayhorn from the com- 
mittee. 

Mr. Poyxin thought it a constitutional 
question whether the elections could be 
held separate, he did not oppose the merits 
of the bill, it was only a question of law, he 
moved it be made special order for Friday 
and that it be printed. This was Mr. 
Lovill’s bill. 

Mr. Linney asked that the bill reported 
back concerning the State’s interes| im the 
Cape Fear and Yadkin Railroad be made 
special order for Wednesday next at 11 
o'clock and that it be printed together with 
the reports of the majority and minority 
* of the committee. Granted. 

House bill and Senate bill, to amend 
chapter 260, laws 1876 and 1877. Passed 
its third reading. ; 

Billto amend chapter 35, laws of 1876-77 
incorporating Fayetteville Lodge, An- 
| cient Knights, passed its third reading. 

Billto amend chapter 25, private laws of 
1876-77; passed its third reading. 

Bill repealing chapter 1, private laws of 
1881, leaving prohibition three miles in- 
stead of five at Wake Forest College. 

Mr. Scott, of Rockingham, asked to have 
the bill postponed; he said he had been 
spoken to-by some of the authorities of the 








1 





102 


college, and he would like to look further 
into it. 

Mr. Purnell said the people in this addi- 
tional two miles section were opposed to 
the law, and it did seem to him that three 
miles prohibition was enough for the col 


lege. 

Mr. Scott, of Rockingham, said he was 
pursuded that the authorities of the college 
unless they hadknown that the five miles 
clause would have reached their end, 
would not have asked this law, it had 
worked well. He was no _prohibitionist, 
but the interests of the people of the State 
who had sons at the college were involved, 


and the authorities knew what they asked | 


in having this five mile clause to stand. 

Mr. Purnell still contended that it was 
unreasonable for the authorities to insist on 
such large territory; he said further that no 
thirty days notice was given last session of 
the passage of this act. 

Mr. Scott, of Rockingham, asked if the 
thirty days notice had been given in this 
case to repeal it. 

Mr. Purnell—No, sir. 

' x. Scott—Then, sir, I make that point 
on it. 

Mr. Watson said no animal was ever 
known that traveled as as fast as a fifteen- 
year-old school boy as he put out at 8 o’clock 
at night to strike a country grocery. He 
opposed the r. peal. 

Mr. Scott, of Rockingham, moved to lay 
the bill on the table. 

Mr. Purnell asked on that motion the 
ayes and noes. Ordered. The bill was 
tabled—yeas 18, nays 11. 

Onmotion of r. Clark the bill prohib- 
iting fishing in Yadkin river was reconsid- 
ered, an amendment adopted, and bill 
passed third reading. 

» x. Dortch’s bill to allow creditors in cer- 
tain cases to sue on a claim before it comes 
due, came up as special order. The 
committee offered the following amend- 
ment: After the word ‘‘however,” in line 
fourteen, insert the following, ‘‘that when 
judyment shall be rendered, if the debt, 
claim or demand be not carrying interest 
there shall be a rebate of interest for the 
time said debt, claim or demand shall not 
bear interest afterthe date of the judg-* 
ment.” The amendment was adopted. 

Wir. Poole spoke against the bill; he’ said 
it would have the effect of injuring the 
credit of the merchants of North Carolina. 
He thought it unjust to the mercaZile in- 
terests; it opened the gaps where unscrupu- 
lous men could take advantage of the pro- 
visions of the bill. 

Mr. Watson offered an amendment: ‘‘that 
no such suit should be brought before a jus- 


tice unless the plaintiff gave a $200 bond 


or before the superior court unless he 


' gave a $500 bond.” 


“. Payne was in favor of the amend- 











‘ J ; a i 
ment. He spoke to the bill supporting it. 
The debtor owes a debt, the bi 


give bond. 
this State in favor of the debtors and to the 
direct ex@lusion of the creditors. The 
merchants of his county were in favor of 
the bill, and honest debtors will not be op- 
posed to it; itis only that class of them who 
are making preparation to abscond or to 
avoid the payment of their debts who will 
complain. 

Mr. Mebane offered an amendment to 
the amendment, striking out $200 and 
making the bond twice the amount of the 
claim. 

Mr. Lovill thought the bill with the 
amendment was a good one. 

Mr. Morehead offered a substitute for the 
amendment that when the oath is made it 
shall be with the same undertaking as is 
required in the oath for a warrant of at- 
tachment. He moved the bill with all the 
amendments be recommitted. 

r. \ cLean offered an amendment. The 
bill was recommitted. 

Bill to prevent felling trees, ete., in 
streams in Burke, Catawba, Lincoln and 
Gaston. counties. 

Mr. Berry offered an amendment to take 
out Burke. He thought it would be a 
great hardship to the the people of his 
county to have the law passed; if he had 
had time he could have gotten two thousand 
names against it; it would be an imposi- 
tion on his constituents; the members of 
the other House had shifted it upon the 
Senator from Lincoln to introduce the 
bill—the idea of a little sawdust injuring the 


corn! He hoped this amendment would 
be passed. 
Mr. Costner spoke for the bil. He 


thought a platform could be placed under 


the saws to prevent the sawdust from, 


getting in the streams. 

Mr. Berry said the Senator talked of the 
dust coming from Burke. Why, they had 
five mills in Catawba to one in Burke. 

Mr. Strayhorn thought the bill of the 
Senator from Lincoln a great hardship on 
the saw mill men. It would take one hand 
and a mule and cart all the time to eart off 
the saw dust. He was opposed to the bill 
for the Senator’s own county, and certainly 
as to the county of Burke. 

‘yr. Linney said no man had the right to 
float filth run by his establishment to the 
injury of another. The parties in Catawba 
already had a right of relief in civil action. 


Why, he had heard that saw dust. would ~~ 


kill fish. 

Mr. Dotson—I would like tod enquire of 
the Senator if he ever saw a dead fish that 
saw dust killed ? 


Mr. Linney said no, but Mr. Young, a 


only pro- 
vides he may be sued before it is due, and 
he is protected against any improper suit by — 
the amendment requiring the plaintiff to — 
Legislation has gone too far in — 
























ban he had met in this city, had told 

im that it would. 
Yr. Berry withdrew his amendment and 
fered further to amend section 2 by strik- 
g out the words ‘‘saw dust or other offal 
‘the mills.” Adopted. The bill passed 
its third reading. 

Adjourned. 
\ Mr. Caho,on Thursday, rising to a question 
of privilege, said: It is not often that 
_ Task this body to waste time in listening 
fo meupon any matter, but just now il 
desire their ear for a few moments while I 
eall their attention to an article in public 
print, which I conceive to be a reflection 
upon their honor and integrity. Having 
eceived a copy of the Eeonomis’, a paper 
published in Elizabeth City, in my section 
of the State, I find in its editorial columns 
the following: ‘‘We should hang our heads 
' in the abasement of mortification and 
shame, not shame for North Carolina, her 
past is secure, but shame for this legisla- 
ure, Shame that its virtue was so weak that 
Rit could be overcome by an oyster, a duck, 
a pop-bottle and a railroad pass. Yes, more 
_ than shame would fill our bosom, indigna- 


tion, patriotic indignation, that would if it. 































could gibbet high upon the pillory of eter- 
nal infamy the name of any recreant soul of 
_ North Carolina, be he Democrat or Republi- 
can, whose name was found recorded ‘‘aye.” 
when that vote was taken and the ayes and 
noes called.’ What vote has this sage of the 
quill allusion to? A vote on a bill to merely 
change the name of a railroad company. 
Why is it that he has seen fit to reflect 
upon the honor and integrity of this body 
as well as our brethren in the other end of 
_ this Capitol, because we have done what 
all others should, to refuse to listen to the 
prejudices and whims of a few croakers 
whose expansive minds can only reach far 
nough to grasp their own pecuniary in- 
erest. Now, r. President and fellow 
_ members of this body, occupying as I doa 
position as editor-in-chief and proprietor 
of a newspaper, and willing as I believe 
this body is to accord to the press all the 
 perogatives belonging thereto; fully re- 
_cognizing the influence of the pr ess, I feel it 
but my duty to say that such language as 
_ has been used by my brother of the quill, 

flecting as it does upon the members of 
_ General “Assembly, should be denounced 
and rebuked in the strongest language 
possible for his unjust, improper and un- 
_ warrautable assault upon this body. 


_ ‘HOUSE OF REPRESENTATIVES. 
The House met at 10 o’clock, Speaker 
_ Rose in the chair. 

Ns Prayer by the Rev. Mr. Bumpass of 
Person Street Methodist church. 

The reading of the journal of yesterday 

) on motion ¢ Neek with and it stood 





At its Rane Sessimn, 1383. 


‘thorize the county commissioners of Tyr- 








PETITIONS. 

Mr. Sherrill, petition asking that M. 
Thornburg be appointed a justice of the 
peace. 

Petitions asking for the appointment of 
baat cre of the peace. 

Overman, petition asking the ap- 
hormanient of a justice of the peace. ( 

“yr. Candler, asking for appointments of 
justices of the peace. 

Mr. Byrd, asking that county commis- 
sioners be required to give bond. 

Mr. Powers, of Cleveland, petitions re- — 
lating to the sale of liquors in said county. — 

Yr. Strudwick, relative to the appoint- 
ment of justices. 
REPORTS OF COMMITTEES. 

Sundry reports were made by various 
committees on the following bills: ; 

To allew clerks of the ‘Supreme Court 
fees in certain cases. To construct a public — 
road in Pamlico county. To amend sec- 
tions 27 and 42 of the Code of Civil Pro- 
cedure. To incorporate the town of High— 
land. To incorporate the Rocky Mount 
Agricultural and Mechanical Assoeiation. 
Toreduce number of jurors to lay off dower. 
Touching the signing of orders and judg- — 
ments. To amend chapter 126, laws of 
1881. To pay Mrs. Mary R. * oore for ser- 
vices. To incorporate the town of Wil- 
son’s Factory, in Gaston county. To au- 




































rell county to sell certain property. To 
make railroad conductors policemen. To 
change the name of Blue Ridge township in 
Macon county. To protect deer some seasons 
ofthe year. To incorporate Wesley Chapel 
Church and Camp Ground. To attach a 
portion of Craven county to Carteret 
county was laid on the table. To 
prescribe the procedure to enforce liens. To 
amend the chatter of the town of Asheville. 
To create four new townships in Lenoir 
county. Act relating to Gas and Water — 
supply for Asheville. To incorporate the — 
town of Palmyra, in Halifax county. To 
incorporate the town of Third Creek, in 
Rowan county. To regulate transcripts on 
appeal. To authorize Tyrrell county to 
levy a special tax. Act for the prone i 
of female education. 
RESOLUTION. 
By “r. Cheek, resolution in regard to the 
political disabilities of Wm. W. Holden. 
Calendar. 


BILLS 
Were introduced, passed their first read. 
ing, and referred as follows : 
«r. Powers, of Cleveland, to prohibit th 
sale of liquor in certain localities in th 
counties of Cleveland, Rutherford and Gas- 
ton. Propositions and Grievances. 
Mr. Williams, of Sampson, toprohibit the 
sale of liquor within three miles of Rethe 
dachufch, in Sampson county. a 2 
tions and Grichencee, ; 


on 


14 


Vy. Patrick, to punish the offence of de- 
stroying, or breaking, or tearing down 
bridges. Judiciary. 


Mr. Bailey, of Mecklenburg, to author- | 


ize the revival of civil actions for trespass. 
Judiciary. 

Mr. Bunn, to republish the reports of the 
Supreme ourt. Judiciary. 

Mr. Covington, to amend the various acts 


incorporating the town of Rockingham. | 


Corporations. 

Mr. Thompson, to provide for the estab- 
lishing of a public highway in the county 
of Onslow. Internal improvements. 

Mr. Bailey, of Wilson, to establich graded 
schoels in Wilson township, in Wilson 
county. Education. 

MESSAGES 
were received from the Senate informing 
yee House that the Senate had passed the 
ollowing bills and resolutions, which were 
read and disposed of as follows: 

Yo incorporate the insane asylums of the 
State. Insane asylum committee. 

Senate amendment to the bill to regulate 
the sale of liquor in Northampton county. 
Calendar. 

To amend the law of attachments. Judi- 
ciary. 

Senate resolution to amend joint rules. 
Committee on joint rules. : 

To amend chapier 318, laws 1879. Prop- 
Ositions and grievances. 

THE CALENDAR 
was then taken up and the following bills 
disposed of as follows: 

To establish a graded school in the town 
of Hickory. Passed its tuird reading. 

To reduce the number of jurors to lay off 
dowers. Passed its third reading. 

To incorporate the Loftin Silver Lead 
Wining Company. Passed its third reading. 

To authorize the Auditor to draw all 
warrants for the payment of money. Passed 
its third reading, 

Regarding the issuing of State grants for 
Cherokee lands. Passed its third reading. 

To incorporate Cabarrus County Store 
Association. Passed its third reading. 

To establish Roanoke township, in Hali- 
fax county. Jr. Thompson moved to table 
the bill, which was lost. The bill then 
passed its second reading, but failed to pass 
its third reading. 

To incorporate the Grand United Order of 
Benevolence. Third reading. 

Resolution in regard to Confederate 
soldiers wholost limbs or eyes. ade the 
special order for next Thursday at 11 
o'clock. 

To establish a stock law in part of Per- 
quimans county. Second reading. 

To make ita misdemeanor for contrac= 
tors not to pay employes. Tabled. 

To authorize the commissioners of Jack- 
son county to levy a special tax. Second 
reading. 


Proce.dings of the General Assembly of North 


| 








' reading. 


; 
, 2 


Carol ha 








To incorporate the Enterprise } 
turing Company. Third reading, 
To incorporate the Rocky *ount Agri- 
cultural and Mining Association. Third 


By consent Yr. McLoud introduced a 
resolution prohibiting the introduction of 
resolutions, bills, petitions, ete., after the 
expiration of the morning hour, which was _ 
adopted under a suspension of the rule. 

To authorize the commissioners of Tyrrell | 
county to sell certain property. hird 
reading, : 

Senate amendment to the act to amend — 
the landlord and tenant act. Coneurredin. ~ 

Senate amendment to the act regulating 
the sale of liquor in Northampton county. — 
Concurred in. 

To amend the charter of the town of * f. 
Pleasant, in Cabarrus county. Passed its 
second reading. 

To incorporate the North Carolina To- 
bacco Exposition, Passed its third reading. 

To change the name of the Edenton and 
Norfolk Kailroad Company. Passed its 
second reading. 

Mr. Hayes thought that the rights of the 
people could not be guarded too closely, 
and he moved to postpone and print. 

Mr. Barrett thought the bill ought to be 
passed, that it was subject to the generel 
law governing railroads. 4 

The motion to postpone and print pre- — 
vailed. | 


: 
: 
: 


MESSAGES | 
were received from the Senate informing ~ 
the House that the Senate had passed the © 
following bills and resolutions, which were — 
read and disposed of as follows : aa 

To incorporate the Grand Council of the 
Legion of Honor. { orporations’ : 
To authorize the treasurer of Caswell 
county to pay certain claims. Finance. } 
Joint resolution relative to the invitation — 
to the General Assembly to visit the Insane 
Asylum and graded school at Goldsboro, N. 
C. Calendar. / : 
To more effectually punish -the removal 
of joint fences. Propositions and griev- — 
ances. 
To extend the time to redeem land sold — 
f6r taxes and bought in by the State. Fi- ~ 
nance. 
Act coneerning the town of ¥iddleburg, © 
in Vance county. Cities and towns. 
To repeal chapter 191 and 216, laws of — 
1881. Judiciary. 
To pay witnesses before justices of the — 
peace in criminal cases. Third reading. 
To incorporate the bank of Goldsboro_ 
Mr. Hayes, of Robeson, said if this was a 
bank of issue that there ought to be a per- 
sonal liability clause in it*for the protection 
of the people who might take these notes, 
he moved to postpone and print. 
‘yr. McLoud said. it was nov a bank of 
issue. j 





















Mr. Hayes withdrew his motion. 

The bill then passed its third reading. 

To amend the act relating the enforce- 

ment of agricultural liens. Third reading. 
To secure the better drainage of the: low 

lands of South Fork creek, in Forsyth and 


Davidson counties. Informally passed 
over. x 
To attach a certain portion of Craven 


county. 
_ To amend the act to incorporate the 
Spring Shoals Manufacturing Company. 
- (changing the name to McAden.) Third 
reading. 
Relative to the sale of liquors in certain 


localities in Brunswick county. Third 
reading. 
__ To prevent the felling of timber in Ararat 


River. Third reading. 
To amend the act relating to the charter 
of the town of Clinton. Third reading. 
To authorize the commissioners. of Dare 
county to levy a special tax. Second read- 


ing. 

Ko incorporate the Wesley Camp ground 
in Catawba county. Third reading. 

The hour for adjournment having ar 
rived the House stood adjourned. 
A Bi. To Bk ENTITLED an Act To PROVIDE 
-For Looat AsszessMENTS IN Arp oF PuB- 

L10 SoHOOLS. 
The General Assembly of North Carolina 
- do enact: 

Srorion 1. That upon written petition, 
signed by ten white voters of any school 


number of colored. voters of any school dis- 
trict for colored children, it shall be the 
duty of the board of county commissioners 
wherein such district is located to post a 
notice, signed by their chairman, at three 
public places in such district, notifying the 
white or colored tax-payers,as the case may 
be, that they will be heard at the next reg- 
ular meeting of said board as to submitting 
to the voters the levying and collecting an 
assessment in such district, in aid of the 
public school in said district. 

At said meeting, the board shall hear all 
persons who may desire to be heard, and 
_ shall decide whether the question shall be 
submitted to the said voters or not; and if 

_ they decide to submit the question to the 
_ voters, they shall also decide what per cent. 
- shall be collected on property and the 
amount on polls respectively, and shall 
issue a written order, signed by the chair- 
man of said beard, to the school committee 
of such district; to submit to the qualified 
white or colored voters of such district, as 
_ the case may be, whether an annual as- 
sessment shall be levied and collected 
therein, for the support of the public school 
in said district for the white children, or 
he colored children, as the case may bex 
d committee shall give thirty days’ writ- 


At its Regular Session, 1888. 


district for white children, or bya like. 








ten or printed notice of the time and place, 
at which said election sball be held, and 
the said notice shall be posted at three pub- 
lic places in said district. Said committee 
or a majority of them, after being sworn by 
a justice of the peace, shall open the polls, 
hold said election, count the votes and shall 
report to the board of county commissioners — 
at their next regular meeting after said 
election the result thereof. Each voter shall 
deposit a ballot, upon - which shall be writ- 
ten or printed the word ‘‘assessment” or the 
words ‘‘no assessment;” and said election 
shall be held and conducted in all other 
respects under same rules, regulations and 
penalties as are prescribed for the election 
of members of the general assembly. 

Sro. 2. In case a majority of the votes 
cast at said election shall be in favor of such 
assessment, the board of commissioners 
shall issue an order, signed by their chair- 
man, to the sheriff of the county, command- 
ing him to collect the same in like manner 
as provided for the collection of State and 
county taxes, and said sheriff shall collect 
and pay over the same to tue county treas- 
urer, and said sheriff’s official bond shall be 
liable therefor as provided in case of county 
school tax. } 

Sno. 38. That no election under this act 
shall be held more than once in any one 
year. 

Sro. 4. That the assessment, thus levied 
and collected from the taxable property and 
polls of white persons, shall be expended 
in aiding to keep up the public school in 
said district for white children of both 
sexes, between the ages of six and twenty- 
one years; and the assessment, thus levied 
and collected from the taxable property 
and polls of colored persons, shall be ex- 
pended in aiding to keep up the public school 
in said district for colored children of both 
sexes, between the ages of six and twenty- 
one years. , 

Sec. 5. That the treasurer of any county — 


wherein such assessment shall be leviedand 


collected, shall receive and disburse the 
same; and his sureties on his official bond 
shall be responsible for the proper disburse- 
ment of all moneys collected under this act. 


Sec. 6. The assessments thus collected 


shall be subject to the orders of the school 
committee of such district for payment of 
teachers: Pronded That so much of said 
assessment as shall not be expended in any 
school district in any one year, shall re- 
main to the credit of said school district for 
the ensuing year. 

Sec. 7. All orders upon said treasurer for 
the payment of teachers shall be paid out of 
said assessment, duly countersigned by the 
county superintendent of public instruc- 
tion, and shall be signed by the school 
committee of the district in which the 


school is taught, which orders, duly en— 
dorsed by the person to whomthe same are 





166 


made payable, shall be the only valid 
vouchers in the hands of said treasurer. 

Sec. 8. It shall be the duty of said treas- 
urer to keep-a book in which he shall open 
an account with each school district, show- 
ing the amount of assessment collected and 
paid by the white districts and by the col- 
ored districts respectively, the dates of all 
payments, the name of the person to whom 
paid, and the amount of such payments; he 
shall balance the accounts of each district 
on the thirtieth day of November in each 
year, and shall report by letter or by printed 
circular, to each school committee, the bal- 
ance due each district from the preceding 
year. 

Sec. 9. Said treasurer shall, on the first 
Monday in December of each year, report 
to said board the amount of money received 
from the sheriff from each schoo! district ; 
said report shall show the amounts received 
respectively from assessments paid by the 
whites on the property and poll, and the 
same as to the colored. 

Sec. 10. The said treasurer shall, when 
required so to do by said board, produce 
his books and vouchers for examination and 
shall also exhibit all moneys due said dis- 
tricts at each settlement required by this 
act. 

Sec. 11. The said treasurer shall receive 
as compensation in fullfor all services re- 
quired of him by this act, not exceeding 
two and a half per cent. on account of re- 
ceipts and disbursements, as the board may 
allow. 

Sec. 13. The treasurer of each county 
shall report to the State Superintendent of 
Public Instruction, on the first day of De- 
cember of each year, the entire amount re- 
ceived by him under this act during the 
preceding school year, the amount received 
from property and polls of the white and 
the colored respectively, and the disburse- 
ments thereof made by him, designating the 
amounts paid to teachers for the white and 
the colored respectively. 

Sec. 15. The sheriff of each county shall 
pay in money to the treasurer thereof, on or 
before the first day of February of each 
year, the whole’amount collected, less such 
sum as may be allowed on account of in- 
solvents for the current year; and, on fail- 
ure so to do, shall be guilty of a misde- 
meanor, and, on conviction, shall be fined 
not less than two hundred dollars, and shall 
also be liable to an action on his official 
bond for his default in such sum as will 
fully cover such default, said action to be 
brought to the next ensuing term of the Su- 
perior Court, and upon the relation of the 
board of county commissioners for and in 
behalf of such district. 

Sro. 14. It shall be the duty of the county 
Superintendent of Public Instruction to 
countersign all orders given by the several 
school committecs upon the Treasurer, in 


Proce: dings of the General Ass:mbly of North Carolina, 


















iT) 


payment of teachers’ salaries, and it sh 
not be lawful for the said Treasurer to pay — 
such orders unless the same have been 
countersigned by the pela Superintend-— 
ent of Public Instruction: Provided, That — 
the said County Superintendent shall not — 
have authority to countersign any such 
order until the teacher in whose favor it is 
drawn shall have made the reports to the 
County Superintendent required by chapter 
two hundred of the laws of eighteen hun- 
dred and eighty-one. ; 

Sec. 15. At the end of each term of such 
school, the teacher or principal of the 
school shall exhibit to the school committee — 
of the district a statement of the number of 
pupils, male and female; the average daily 
attendance and the length of time taught. 
If the committee are satisfied that the pro- 
visions.of this act have been complied with, 
they shall give an order on the Treasurer, 
payable to s»id teacher, for the full amount 
due for services rendered. 

Sro. 16. That the public school houses 
may be used for the schools provided for in 
this act. 

Sno. 17. This act shall be in foree froma — 
its ratifieation. 4 


SENATE. 
TWENTY-NINTH DAY. , 
SarurDAy, February 3, 1883. 

The Senate was called to order at 10 
o’clock. 

Prayer by the Rey. Dr. Marshall. 

The journal of yesterday read and ap- 
proved. * 

‘r. King, of Pitt, petition from certain 
citizens of Edgecombe, asking for the mod- 
ification or repeal of the purchase tax on 
liquor. 

Mr. Watson, bill to regulate trials of 
actions brought by servants against masters. 

Mr. Lovill, bill to amend the charter of 
the Caldwell and Watauga Narrow Gauge 
Railroad Company. 

Mr. Black, bill to require bargainors in 
conditional sales and delivery of personal 
property where title is retained to record 
notice of such conditional sales. 

Vr. Webb, bill to amend the act relative 
to the stock law. 

Mr. Neill, bill for the relief of §. R. Hens- 
ley, former sheriff of itchell co inty. 

Mr. Alexander, bill to amend the charter 
of the city of Charlotte. 

Bill to prevent convicts in the State 
prison from being hired out on private con- 
tract. (%‘r. Purnell’s bill.) ® 

Mr. Purnell said the bringing of convict 
labor in competition with outside labor had 
gotten to be in this immediate section a 
great matter of complaint, and «very can- 
didate of both parties in Wake county was 
pledged to reform the abuse. The convicts 
‘had actually been working the flower gar- — 
dens he:; At Mr. Pemberton’s suggestion 

















a 





¥ 


nals,” and Mr. Dorteh suggested ‘‘public 
- Jands,” which amendment he also accepted. 

‘Mr. Dortch said that the convicts ought 
to be worked exclusively in the public 
- lands belonging to the common school fund 
of the State. 

‘Mr. Webb was opposed to the bill, and 
was for leaving the matter as it is now. 
i Mr. Jones was opposed to the bill; he was 

for the people having the power of utilizing 
_ the labor for the protection of the farming 
classes. 
_ Mr. Black was for leaving the law as it is 
now. 
_ Mr. Womack thought the bill too broad, 
to say the least of it. It prevented the pen- 
itentiary authorities from running a convict 
farm. 
vr. Strayhorn suggested that Mr. Wo- 

mack should offer an amendment to that 
end. 
“ry, Purnell said the bill would not pre- 


i 


————. 


recently leased the Powell farm on Neuse 
river. 

Mr. Watson offered an amendment that 
“this act shall not prevent the farming out 
of convicts to remedy the evils of laborers’ 
strikes.” 
vr. Hill opposed the bill because the 
convict work, as it isnow, has the tendency 
of preventing laborers’ strikes around Ral- 


Sw 


— 


Oe 

Mr. Scott, of New Hanover, favored the 
bill. \He was against the competition of 
free labor with convict labor. i 

Mr. Jones said with Mr. Watson’s amend- 
ment he would favor the bill. 

‘wr. Webb moved to table. Not a quo- 
rum, 11 for and 9 against. Bill, at the sug- 
gestion of Mr. Purnell, was passed over.] 

‘ill to incorporate the town of ‘‘Kill 
Quick,” in Edgecombe county, Passe‘ its 
third reading. 

»r. Caho asked the suspension of the 
-tules, on the bill to prevent the erection 

of artificial islands in the navigable streams 

of the State. A substitute for the bill, as 
- recommended by the committee, passed its 
third reading. 
"+r. Caho offered an amendment, ‘‘Hast 
_ of the Wilmington and Weldon and Peters- 
burg and Weldon Railroad,” which was 
adopted in the bill. 
_ Bill to validate the registration of certain 

deeds for land, passed third reading. 
Message received that the House refused 
_ to concur in amendments to the bill regula- 
ing the sale of liquor in Northampton 
county. — 

Mr. Morehead thought the Senate should 
nsist on its amendments and ask for a con- 
erence. 

x. Dortch said it was a purely local mat- 
ter with the member from Northampton, 
ove + the Senate recede. 


| 















At its Regular Session, 1883 


amended by inserting the word ‘“‘ca-_ 


vent that; the Penitentiary authorities had _ 





















The chair said in its opinion the motion 
of the Senator from Wayne was the proper 
plan, and if there was a negative vote on 
that motion the Senate would insist on its 
amendments. Be 

Mr. Watson thought the Senate should in- 
sist; by the provisions of that bill liquor 
was allowed to be sold, and then if a man 
happened to get drunk he was arrested. 

Mr. Dortch’s motion to recede was voted 
down. A message was sent to the House 
to that effect, and“asking a committee of 
conference. 

Mr. Alexander, bill to amend sections 25 
and 28, chapter 64, Battle’s Revisal. 

Mr. Blalock asked a suspension of the 
rules, and bill to ascertain and establish di-— 
viding lines between Harnett and Chatham, 
was put upon its readings. He amended 
by putting in “oore and Harnett, and ma- 
king ‘‘lines” instead of ‘‘line.” Passed its 
third reading. : 

hill to punish the seduction of women 
under promise,of marriage, making it a 
crime and penitentiary offence. (Mr. 
Dortch’s bill.) Passed its second reading. 

Substitute to Mr. Evans’ bill for the pro 
tection of crops in Caswell. 

Mr. Strayhorn said he had some doubts as 
to the constitutionality of one section of the 
bill, and moved to have it recommitted to 
the judiciary committee. It was recom- 
mitted. 

Bill to make indictable the felling of tim- 


berjin » uddy Fork creek, in Cleaveland 


county, (Mr. Webb’s bill,) passed its third 
reading. wh 

Ht. B. and §. B.—to amend bill in regard — 
to the salary of clerk for the city of Wil- 
mington, passed its third reading. 

Bill to incorporate the Horner School, in 
Oxford, passed third reading. 

Bill allowing the commissioners of Nash 
to levy a special tax to build a court house 
and bridge, passed its second reading. 

Mr. Scott, of New Hanover, moved a re- 
consideration of the vote by which the bill 
in regard to the salary of the clerk for the 
city of Wilmington passed the third read- 
ing. It was reconsidered. He moved to — 
postpone the further consideration of the — 
bill. The Senate agreed. 

House bill and Senate bill relating to 
working the public roads in the county of — 
Watauga. Mr. Lovill explained the bill. — 
Passed third reading. i) 

ouse bill and Senate bill to incorporate 
the town of Pireway, in the county of Co- 
lumbus, passed second reading, yeas 27, 
nays none. A 

Mr. Evans’ bill to regulate fees of the 
justices of the peace and for other pur- 
poses in Caswell county, was discussed and 
put back on the calendar. 


A message from the House specified 
Messrs. Peebles, Barrett and Cain as th 





108 


conference committee on its part for the 
Northampton liquor bill. 

A response from the Treasurer to the 
Senate’s inquiry as to the money paid for 
the Cape Fear and Yadkin Valley road, 
stated that, first $380,000 have been paid as 
part of the appropriation made; second, the 
State has issued $600,000 of coupon bonds 
on account of that road; third, the value of 
the work by convicts on the road, to Janu- 
ary 1st, 1883, aggregated to the amount of 

107,027.48, this amount not payable in 
money, but in the first mortgage bonds of 
the company. 

Bill for the protection of fishin Elk River, 
in Watauga. Passed its third reading. 

Bill to amend chapter 72, laws 1868-69. 
Passed its third reading. 

Resolution of request to our Senators and 
Representatives in Congress as to soapstone 
in this State. 

Mr. King, of Cherokee, explained his 
rounds for introducing the resolution. 
the veins of soapstone in Western North 

Carolina have assumed commercial impor- 
tance; it is worth in New York $40 to $50 
a ton; it enters into the manufacture of pa- 
per, of perfumed soaps, of candles, &c., &e. 
These are miners, teamsters and owners of 
mines and quarriesasking protection. They 
would not ask it if they had railroad facili- 
ties. 

Mr. Scott, of Rockingham, and Vr. Wat- 
son opposed the resolution, as the idea of 
protective tariff entered into it, ana Mr. 
Scott moved to table it. 

Mr. Jones favored the resolution. What 
we wanted was revenue, and that was pro 
tection itself. 

Mr. Alexander did not believe in instruct- 
ing Congressmen, but if we did, he hoped 
they would see North Carolina products 
protected equally with those of every other 
State. 

Mr. Hill was opposed to the instructions. 

Mr. Womack trusted the Senate would be 
consistent in its action; if we sit down on 
one set of instructions to Congress, let us 
do so on all. 

Mr. Dortch offered an amendment, ‘‘That 
our Senators are instructed and our Repre- 
sentatives are requested to use their efforts 
to jabolish the tariff on the necessaries of 
life or reduce the same to the lowest point 
necessary for the support of the govern- 
ment.” It was all referred to the commit- 
tee on internal improvements. 

Bill for the relief of E. Kerner, of 
Forsyth county. Passed its third read- 
ing. 

Bill to amend Section 2, chapter 94, laws 
1881, in regard to fence law. Passed its 
third reading. 

Bill to enable the county commissioners 
of Warren to regulate the bonds of the 
sheriff and Treasurer. 

Mr. Jones explained that it was so that 


Proceedings of the General Assembly of North Carolina, 





these officers couldn’t give bond, and the bill i 
if 


was for arranging it so that they could. 

The chair appointed Vessrs. Watson and 
Goodwyn as a committee of conference on 
the Northampton liquor bill. 

Bill providing that the trustees of the 
Supreme Court Library shall employ a Li- 
brarian was, on motion of Mr. Payne, put 
on its readings; his salary not to exceed 
$300 a year. : 

Mr. Payne explaind the bill. Passed its 
third reading. Sent to the House without 
engrossment. 







Bi)l for the relief of Mr. Flow and others, _ 


in Mecklenburg, passed its third reading. 

Bill to incorporate the Supreme Council 
of the Home Aiding Maccabee Society, 
passed its third reading. 

Bill for the protection of Buoys and 
Lighthouses, by Mr. Caho—a substitute as 
offered by Mr. Pemberton for the commit- 
tee, passed its third reading. 

hill for protection to aids in naviga- 
tion, passed its third reading. 

Bill for the protection of shipping, by 
Mr. Scott, of New Hanover, preventing 
the use of spikes in the end of poles for pol- 
ing flats. Referred. 

Bill for graded school in the eity of New- 
bern. (yr. Clark,) passed its third read- 


avons 

bin to revise and consolidate the public 
school law. Wr. Pemberton explained that 
the law as it stands now requires the laying 
off of township lines, and this amends that 
they can consult the convenience of neigh- 
borhoods without regard to township lines. 
Passed its third reading. 

kill to amend the law in regard to county 
treasurer. \r. ¥ cLean stated for the com- 
mittee that they reported unfavorably be 
cause they feared it would have the ten- 
dency to abolish the office of treasurer. 

Mr. Webb thought it a serious question. 
He had several counties in his mind’s eye 
that had abolished the foffice, ‘‘that there 
was a doubt as to whether or not the county 
commissioners in the counties where the 
justices had abolished the office had aright 
to allow the sheriff any compensation for 
his services as treasurer.” 

Mr. McLean said he was opposed to the 
bill and hoped it would be tabled, and asked 
Mr.-Webb if he thought the bill should pass 
merely to settle the law troubles in Cleave- 
land. 

Mr. Webb replied that he did not. 

Mr. Black thought Mr. Webb’s view of 
the matter correct. The question should 
be settled. 

~yr. Watson moved to make the bill spe- 
cial order for next Tuesday. It was so 
ordered. 

The Senate adjourned. 


; 









: 
. 












































HOUSE OF REPRESENTATIVES. 

_ The House met at 10 o’clock, Speaker 
Rose in the chair. , 
Prayer by the Rev. E. R. Rich. 

PETITIONS. 

By Messrs. Simmons, Peebles, Bailey of 
Mecklenburg, Williamson and Liles, asking 
for the appointment of certain persons as 
justices of the peace. 

Mr. Harris, of Wake, asking that convict 
labor be not placed in competition with hon- 

est labor in the county of Wake. 
oD Mr. Bailey, of Mecklenburg, petition of 

J. R. Erwin. 
yr. Williamson, from the pilots of the 
port of Wilmington, N. (. 

Mr. Abbott, petition relative to the pro- 
hibition of the sale of liquor near Sawyer’s 
Creek church, in Camden county. Petitions 
asking that the town of South Mills, in 
Camden county, be incorporated. 

Mr. Byrd, petition asking for a prohibi- 
tory law as to certain churches. 
Mr. Peebles, petition against prohibition in 
the town of Seaboard. Petition asking that 
a prohibitory law be passed in the town of 
Seaboard. 
Mr. Hayes, of Swain, from certain In- 
dians in Jackson county, asking to be an- 
nexed to Swain county. 
REPORTS OF COMMITTEES. 
/ Sundry committees reported on various 
bills as follows: To prohibit the sale of 
liquor within three miles of Bethesda 
church in Sampson county. To probibit 
the sale or liquors in certain localities in the 
counties of Cleveland, Rutherford: and Gas- 
ton. To more effectually prevent the 
wrongful removal of joint fences. ‘To 
punish the offence of destroying, or break- 
ing, or tearing down bridges. An act for 
the better pretection of the estates of de- 
ceased persons. To extend the time to re- 
deem land sold for taxes, and bought by 
the State. To authorize the treasurer of 
Caswell county to pay certain claims. ~To 
republish the reports of the Supreme Court. 
To incorporate the Raleigh Mail Printing 
and Publishing Company. 
} BILLS 
were introduced, passed their first’ reading 
and were referred as follows: 
_ Mz. Holt, to incorporate the town of Me- 
bane, in Alzmance county. Propositions 
and grievances. 
, Mr. Nixon, for the relief of John H. Cox, 
late sheriff of Perquimans. Propositions 
and grievances. 
Mr. Williamson, to §amend chapter 87, 
tattle’s Revisal. Propositions and griev- 
ances. 

_ Mr. McCotter, to prevent fraud in pack- 
ing cotton. Propositions and grievances. 
Mt. Byrd, to prohibit the sale of liquor in 
three miles of the town of Burnsville. Pro- 

tions and grievances. 
Bower rohibit the sale of liquor 
tat Sea, 


is Niel ei "<* Ri eer OA Cal eo Ee 


At its Regular Session, 1883. 








within two miles of certain churches in — 
Caldwell county. Propositions and griev- — 
ances. i 

Mr. Hayes, of Swain, to change the di- 
viding line between the counties of Swain — 
and Jackson. Propositions and grievances. _ 

Mr. Holt, to amend section 19, chapter 
65, Battle’s Revisal. Judiciary. . 

Mr. Bullock, to amend section 28, article — 
2, of the constitution. Judiciary. 

Mr. McCurry, to amend the law relating 
to the working of public roads. Judiciary. 

Mr. McLoud, to create a board of license — 
in each and every county, and to regulate — 
the manner in which license to retail liquor 
dealers shall be granted. Judiciary. ‘ 

Mr. Pyrd, to allow the sheriff of Yancey 
county to collect arrears of taxes. Finance. 

Mr. Williamson, to fix and regulate the ~ 
time of granting license for retailing liquors. 
Finance. "6 

Mr. Holt, to amend chapter 36, private — 
laws 1874-75. Education. S 

Wr. Bunn, to establish graded schools in ~ 
Rocky ount. Edueation. 

Mr. Bailey, of Mecklenburg, to incorpor- 
ate the Southern Mining, Smelting and Man- 
ufacturing Company. Corporations. 

Mr. Sherrill, an act supplemental to an 
act to incorporate the Newton {Cotton Mllls. 
Corporations. 

Mr. Powers, of Cumberland, to amend — 
the act incorporating the Fayetteville Gas — 
Light Company. Corporations. 5 

My. Phillips, to amend and re-enact chap. 
158, laws 1881. 

“yr, Peebles, to amend chapter 121, laws i 
18767. 

Mr. Bower, to authorize the commission- 
ers of Caldwell county to offer a bounty for 
the killing of certain predatory , animals. 
Calendar. 





THE OALENDAR 


was then taken up and the following bills | re 
disposed of as follows: 

To incorporate the Fayetteville Graded — 
and Normal School for the whites. Second 
reading. ; 

Mr. Peebles moved to reconsider the vote id 
by which the House concurred in the Sen-— 
ate amendment to the bill to regulate the 
sale of liquor in N orthampton county, ¥ 
which was carried. ay 

The House then refused to concur in the — 
Senate amendment to that bill. 

To incorporate the town of Third Creek, 
in Rowan county. Second reading ; 

To change the name of,Blue Ridge Town- — ; 
ship, in Macon county, to that of Highlands. — j 
Second reading. 9 

Mr. Myers moved to freconsider the vote — 
by which the bill to pnnish contractors for 
not paying employees was tabled, and refer : 





toe 


it to the committee on judiciary. 
Mr. Sherrill hoped the bill venta be re- © 
ferred; that there was some merit in it, and Be 


fy 





110 


the committee could frame™a bill to cover 
the ground. 

Mr. Robbins was opposed to this course. 

Messrs. McLoud and Bailey, of Mecklen 
burg, were in favor of reconsidering and 
referring. The vote was reconsidered and 
the bill referred. 

Mr. Powers, of Cleaveland, moved that 
the calendar be placed in the hands of the 
Speaker for the remainder of the session, 
which was carried. 

Bill to authorize the commissioners of 
Cherokee county to issue bonds, and for 
other purposes. Passed third reading. 

Resolution of instruction to members of 
Congress relative to money obtained from 
citizens of this State by direct taxation. 
Passed third reading. 

Bill to designate a place for comparing 
the vote for Senators in the 22d Senatorial 
district. Referred. 

Bill to prevent the felling of trees in North 
Hunting Creek, in Iredell county. Passed 

- third reading. 

Senate amendment to the act to grant 
amnesty and pardon to certain persons for 
retailing liquor without license. Made the 
special order for 12 o’clock on Wednesday 
next. 

Bill to amend chapter 216, laws of 1876-77, 
relative to official advertising. Passed third 
reading. 

Bill to authorize the commissioners of 
Currituck county to levy a_ special tax. 
Passed second reading. 

Bill to abolish the tees of justices of the 
peace. Tabled. 

Bill to repeal chapter 95, laws of 1879. 
Referred to the committee on the Code. 

Substitute for an act to repeal chapter 117, 
laws of 1879, relative to abolishing the 
Board of Health of the State. 

Mr. Myers had hoped the committee 
would favor the original bill. He had me- 

“morials from the commissioners of Meck- 
lenburg, asking for the repeal of the law. 
He thought the quarantine laws covered all 
that the board of health would do, and he 
hoped the bill would pass. 

Mr. Robins thought it might. In certaiu 
lucalities the act providing for the board 
of health would do well, but not in the 
State; that the act ought to be amended so 
as not to apply to the rural districts. 

yr. Thompson said that this was the 
third time this bill had been brought before 
the House. 

Mr. Wilcox moved to make it special or- 
der for 11 o’clock on Tuesday next. 

Mr. Powers, of Cumberland, hoped the 
motion to make ita special order would 
prevail. 

Mr. Myers said that the bill had been 
postponed to time and again to suit the 
views of certain members of the medical 
profession. He was prejudiced against no 
man because of his profession. He was not 


x 


Proceedings of the General Assembly of North Carolina, 








the prime mover in the matter, but the peo- 
ple whom he represented who were in fa-— 
vor of it, and he could see no reason why it — 
should now be postponed. 

Mr. Harris, of Walke: was in favor of 
passing it over informally. 

Mr. Wilcox withdrew his motion. 

Mr. Nixon moved to table, which waa 
ost. 
vr. Thompson move to postpone until 
the 15th. 

vr, Hardy moved to print. 

is Bullock was opposed to printing the 
bill. 

The bill was ordered to be printed, and . 
was made the special order for 11 o'clock 
on the 15th inst. 

To amend chapter 274, laws of 1876 and — 
1877, reducing the tax on guano. : 
Mx. McLoud said he had no interest in 


_ the matter, for he hailed from a section of — 


country where the soil was richer than 
any fertilizer that hadj ever been brought in — 
the State, and he moved to make bill the — 
special order for Thursday next, and that - 
it be printed. The motion prevailed, and 
it was so ordered. 

Substitute for an act for the relief of 
farmers in certain localities. Informally 
passed over. 

To amend chapter 234, laws of 1881. 
Passed its third reading. 

To repeal the law making Hiawasee river 
a lawful fence. Passed its third reading. 

To authorize the commissioners of Jack- 
son county to levy aspecial tax. Passedits — 
third reading. 

To allow in certain cases an extension of 
the terms of court. Tabled. 

To prohibit the sale of liquor in certain 
localities in Madison county. Informally 
passed over. 

To amend chapter 127, laws of 1879. 
Passed its third reading. 

To construct a public road in Pamlico — 
county. Referred to the judiciary commit- 
tee. 

To protect sheep in Madison county. In- 
formally passed over. | 

To allow the Virginia and Carolina Rail- — 
road to’construct their line in this State. | 

Mr. Strudwick said if there was an evil — 
which demanded redress it was the unjust 
discriminations in freight charges by rail- 
roads, and he was in favor of his amend- 
ment, making this corporation subject to 
all laws passed by the Legislature regula- 
ting this evil. He hoped the amendment 
would prevail, and cited instances of un- 
just actions by railroads in support of his 
position. 

v.r. McLoud did not think the amend- 
ment was necessary that no other charter 
was hampered by any such provision, and 
why put it in this charter unless it be put 
in all; that the Legislature was the absolute — 
boss of all railroad charters granted since 












1868, and that therefore such a provision 
was unnecessary. 
_ Mr. Leazar thought there seemed to be a 
hostility to railroads and that we ought to 
remember that while railroads had in some 
instances abused their charters, yet in the 
main they had been the conservators of 
prosperity and he was opposed to handicap- 
_ ping this or any other railroad company 
_ . with any such amendments. 
_ Mr. Holt was opposed to the amendment, 
- and was in favor of said railroads, and 
 elearly demonstrated that even with the ex- 
 orbitant charges of railroads that freight 
_ transportation was far cheaper than with the 
old wagon system. He thought the railroad 
- commission would supply all that was 
_ needed to remedy the evils arising by dis- 
crimination of railroads. 
_ Mr. Lenoir thought the amendments 
ought to goin so far as to put it beyond 
doubt that the State had the power to regu- 
late the charges of railroads. 

Mr. Peebles thought that we were as 
much dependent upon railroads for our 
prosperity as any thing else and he did not 
think we ought to kill them out by hostile 
legislation; that the evil complained of 
was unjust discrimination between through 
and way freights; that if we could uot in 
that respect control new railroads, how 
could we control old railroads already char- 
tered? The only way to prevent this dis- 
crimination out of the law was by establish- 
ing competing lines, just what this bill pro- 
posed todo. He was opposed to the amend- 
ment, and in favor of the bill, and thought 
we ought to be cautious how we legislated 
to prevent capital from coming into the 
State. We ought to let them come in on 
equal terms with our citizens, but when 
they sought to oppose our people we had 
the power to protect our people, and that 
then we ought to protectthem. He called 
the previous question and the call was sus- 
tained. 

Mr. Hayes, of Robeson, offered the fol- 
lowing amendment, which was voted down: 

“And any railway company so uniting, 
consolidating or connecting, or entering 
into such contracts for leasing, purchasing, 
or otherwise, as will facilitate and consum- 
mate such connection or consolidation, 
‘shall do so on condition and with the under- 
‘standing that such corporations shall be 
subject to taxation equally and alike with 
_ the said Virginia and Carolina Railroad 
Company, and the Palmetto Railroad Com— 
pany and other corporations chartered by 
_ this General Assembly.” 

Mr. Strudwick’s amendment was lost. 
The bill then passed its third reading. 
Bill to provide for the completion of the 
_ Midland North Carolina Raiload. Made 
the special_order for 11 o’clock on Tuesday 


CP a es 


Fe SO ee ey ee ee ee 


hee a 


ee a rag 


~~ oe Fe 
=— 









Il to promote the objects of the Roa- 


Utne Pau it aun BN jp? a ite i, 


aa Dials ae RR esha So Ce A ey eee 2 


At its Regular Session, 1883. 











111 


noke Navigation Water Power Company. 
Passed third reading. 

Bill to amend ehapter 121, laws of 1876-77. 
(The amendment increases the number of 
the trustees of the University.) Passed its 
third reading. 

MESSAGES 
were received frcm the Senate informing the 
House that the Senate had passed the fol- 
lowing which were read and disposed of as 
follows: 

To establish a graded school in Lumber- 
ton. Education. 

To prevent the felling of timber in cer- 
tain creeks and rivers. Propositions and 
Grievances. 

A message announced that the Senate 
had refused to recede from their amend- 
ment to the act regulating the sale of liquor 
in Northampton county. 

Vr. Peebles moved to appoint a commit- 
tee of conference, which was carried. 

The chair appointed as the committee 
Messrs. Peebles, Bennett and King. / 

A message was received from the Gov- 
ernor transmitting a supplemental report of 
the Secretary of State, which was sent to 
the Senate with a proposition to print. 

Mr. Peebles moved to reconsider the vote 
by which the bill to create Roanoke town- 
ship was tabled, and asked that that motion 
be made the special order for the 16th inst. 

Joint resolution of thanks for the inyita— 
tion to go to Goldsboro to visit the insane 
asylum. Adopted. 

To prohibit certain persons from prac- 


ticing law in the counties in which they re- 


side. Informally passed over. A; 

To amend the bird lay of Wake county. 
Tabled. 

To change the name of the Edenton and 
Norfolk Railroad Informally )assed over. 

To amend the law touching the seduc- 
tion of women. Informally passed over. 

The hour for adjournment having arrived, 
the House stood adjourned. 

SENATE. 
THIRTIETH DAY. 
Monpay, February 5th, 1883. 


_ The Senate was called to order at 10 
o’clock, the President in the chair. 


The journal of Saturday was read and 
approved. 


- The following petitions were presented 


and appropriately referred: 

Mr. Woodhouse, from citizens of Perqui- 
mans, asking repeal of certain prohibitory 
laws. 

Mr. Caho, from citizens of Pamlico, ask- 
ing for a stock law. 

wr. Farmer, from the committee on en- 
grossed bills, submitted a report. 

Mr. Poole filed a minority report in the 


“matter of the Cape Fear and Yadkin Valley 


railroad. Placed with the majority report 
and ordered printed. 





ap et Re ge oe eee 


Te 


gs 2 


2 2 





‘112 


Bills were introduced, passed their first 
reading, and were referred as follows: 

Mr. Webb, by request, to incorporate 
King’s Mountain High School. Corpora- 
tions. 

Mr. Loftin, relating to incorporating the 
town of Kinston. Corporations. 

Mr. Neill, a bill of incorporation. Cor- 
porations. 

Mr. Scott, of Rockingham, for relief of 
farmers of Rockingham county, by chang- 
ing time of holding courts therein. Judi- 
ciary. 

Mr. Lovill, to prohibit the sale of liquor 
at a certain place in Watruga county. Pro- 
positions and grievances. 

Mr. Clark, to extend the terms of Craven 
Superior Court in certain cases. Judiciary. 

Mr. Boykin, to amend the election law. 
Judiciary. 

Mr. Purnell, by request of the aldermen, 
to improve the streets of the city of Ra- 
leigh. Internal improvements. 

Mr. Pemberton was called to the chair. 

The following bills on the calendar were 
disposed of as follows: 

To allow the board of audit and_ finance 
of Wilmington to fix the compensation of 
their clerk. Final reading and ordered en-— 
rolled. 

To make ita misdemeanor in tenants to 
voluntarily turn over land to others than 
landlords; substitute for bill. Final read- 
ing. 

To ascertain the dividing line between 
Carteret and Craven counties. Put to the 
end of the calendar. 

To allow the commissioners of Nash 
county to borrow money and levy’ a tax to 
pay the same. Final reading on roll call; 
ordered enrolled. 

To incorporate the town of Pireway, in 
Columbus county. Final reading on roll 
call. 

To prohibit the running at large of stock 
in Caswell county. Misdemeanor; does 
away with fences; referred to the judiciary 
committee. 

To provide for the erection of a residence 
for the Governor. Made the special order, 
on motion of Mr. Poole, for Wednesday, 
7th inst., at 1 o’clock p. m. 

Relative to the sale of liquor iu Pender 
county. Propositions and grievances. 

House amendment to the bill relative to 
judicial sales, adding ‘‘legal holidays” to 
the days excepted for such sales. + on- 
curred in and ordered enrolled. 

To protect crops in a certain section of 
Craven county. Passed second reading 
and took its place on the calendar. 

Resolution instructing the Attorney Gen- 
eral to bring suit to compel the immediate 
payment of interest on the bonds of the 
Western North ‘ arolina Railroad for the 
years 1881-82, amounting to $62,000. Ju- 
diciary committee. 


Proceedings of the General Assembly of North Carolina 








. 







































To prevent the felling of timber in Thre 
Top‘ reek. Final reading and ordered en- 
rolled. 2 

House amendment to the bill incorpo- 
rating the Bank of Goldsboro: « oncurred 
in and ordered enrolled. 

For the better protection of landlords—_ 
being a substitute for the bill making dam- 
age by tenants to houses, appurtenances, 
fences, &c., a misdemeanor; in certain 
cases a felony. 

Mr. Clarke was opposed to increasing 
the «criminal statutes; besides, there was 
already a law on this subject which met the 
case. He wished time to examine the law. 

Mr. Watson said that a decision of the 
Supreme Court had ‘rendered the act re- 
ferred to by the Senator from Craven prac- 
tically inoperative in this case by holding 
that the statute applied only to persons not 
in possession. Mr. Watson, at the request of — 
Mr. Goodwyn, explained the provisions of © 
the bill. 

After remarks by Mr. Morehead, the bill 
was made a special order for to-morrow at 
11 o’clock a. m. 

To allow constables the same fees as 
sheriffs in all cases; amendatory of chapter 
105, Battle’s Revisal. 

Mr. Hill opposed the bill, on the ground 
that the territory ofa constable was notas — 
large as that of a sheriff. Justice should 
be cheap; but under this bill the costs in 
justices’ courts, where the people should be 
at little expense, would be considerable. 
He considered constables as amply paid 
under the present fee act. : 

Mr. Goodwyn said that in his county — 
constables had more to do than the sheriff; — 
having to go from ten to fifteen miles in 
some cases to serve process. He hoped the 
bill as reported would pass. 

Mr. Loftin offered an amendment except- 
ing the counties of Lenoir and Greene from ~ 
the operations of the bill. 

Mr. Vorehead said that the Code made — 

a difference in a few cases only in the mat- 
ter of the fees of sheriffs and constables. 
The effect of the bill would be to give each 
the same fees for like services. 

Mr. Webb favored giving sheriffs the 
larger fees. 

Mr: McLean ealled attention to the fact 
that constables are required by law to go 
great distances, at times, to serve process. 

Mr. Alexander opposed cheap justice” 
when it prevented the obtaining of compe- 
tent and honest men. The services of such 
men could not be secured for low fees. j 

Several Senators said that in their dis- 
tricts there were but few constables, because 
of the reasons given by the Senator from 
Mecklenburg. 

Wr. Caho said thatin his county (Pamlico) 
the constables elected in November refused 
to qualify. Deputy sheriffs now serve th 
larger portion of{processes; give constabl 











=e. 


i 
) 
a 







«ies and day laborers have a chance on the 


the fees paid sheriffs and the people will 
elect competent persons to the oflice. 

Mr. ¥ cLean called the previous question. 

Mr. Loftin’s amendment did not prevail. 
Passed second reading and took its place 
on. the calendar. 

Several bills were informally passed over, 
among them that relating to rebuilding 
Price’s Creek quarantine hospital. 

Bill to amend the revenue law, taking from 
county commissioners the discretion given 
them in the matter of granting license to 
retail spirituous liquors when parties are 
properly recommended, gave rise to con- 
siderable discussion, participated in by 
Messrs. Loftin, Womack, Black, Scott, of 
Rockingham, Strayhorn, Morehead and 
Watson. 

ix. Loftin said the commissioners had 
foo much power in this matter. 

Mr. Womack said the code would con- 
tain a recommendation meeting the case. 

Mr. Black said great dissatisfaction had 
grown out of the commissioners exercising 
pus discretionary power against the popular 
will. 

Mr. Scott, of Rockingham, said that in- 
asmuch as the Code would not go into ef- 
fect until next Fall, it would be well to pass 
the bill under consideration in time for the 
renewal of licenses in May. 

-r. Strayhorn said that if the commis- 
sioners were elected by thé people they 
would not disregard the popular will ina 
sweeping exercise of discretion. 

ir. Y orehead, in reply, said that’ when 
elected by the people the commissioners in 
some counties had refused to grant li- 
censes 


Mr. Strayhorn was opposed to leaving it 
discretionary; make it mandatory. 
The bill was recommitted. 


Bill to prohibit convicts in the peniten- 
tiary being hired out on'private contracts. 

Mr. Purnell, the introducer, spoke in sup- 
port of the bill. He said he argued from 
the standpoint of principle—opposition to 
bringing convict labor in competition with 
honest or outside labor. He alluded to the 
employing of convict labor on private work, 
and cited cases in the city of Raleigh where 
it had been so employed to the exclusion of 
honest laborers who had just passed through 
asevere winter. Inreply to Mr. Poole’s in- 
quiry as to whether employment could not 
be had at all times by honest laborers in 
Wake, Vr. Purnell answered that it could 
not; that the private contract work of ex 
cavating, brick-making, rock-cutting, etc., 
done by convicts, seriously interferes with 
the obtaining of employment by honest 
workmen. He pronounced the system an 
evil, especially in hiscommunity, and asked 
the Senate to eradicate it. Let the mechan- 


_ public and private works at the capital and 


At its Regular Session, 1883. 


hiring out convicts only on such work as 
| 


113 


confine convict labor to the works recog- 
nized in and permitted by the bill. 

Messrs. Lovill, Black, Watson, Alexander 
and Womack took part in the discussion. 

Mr: Alexander said the establishment of 
the whipping-post would serve as a solu- 
tion of this vexed question of labor. 

Mr. Clark argued from the position of 


will develop,the resources of the State. Such 
work he regarded the road in Onslow and 
Jones, from which the convicts had been 
withdrawn, much to the.injury of that sec- 
tion. He hoped the bill would be made 
more stringent. 

Mr. Watson moved to recommit the bill 
to tue committee on penal institutions. 

Mr. Caho offered an amendment, that the 
hiring out of convicts on farms during the 
scarcity of honest labor should not be pro- 
hibited. 

“yr. Womack favored the employing of 
the old and decrepit in such way as would 
help to pay for their support. 

Mr. Purnell sent forward an amendment, 
that the bill should not be construed as 
preventing convicts being worked on pub- 
lic farms. 

The amendment of Mr. Watson then§pre- 
vailed. 

Bill in regard to the seduction of women, 
making seduction on promise of marriage 
punishable with ten years in the peniten- 
tiary. 

Mr. Watson offered as an amendment the 
words ‘‘of unsullied character,” before the 
, word ‘‘woman.” 

Mi. Alexander said that from time imme- 
morial the punishment for this crime had 
been left with the next of kin. The case of 
Simeon and Levi was referred to. Better 
leave the matter as it is. 

“r. Watson offered the following proviso : 
Provided, that the uncorroborated evidence 
of the woman shall not be sufficient to con- 


Vicu 

Mr. Boykin said if the woman was of 
unsullied character corroborating proof 
should not be required. 

Mr. Loftin, an amendment: Insert ‘‘vir- 
tuous” before the word ‘‘woman.” 

' i. Caho, an amendment: Provided, that 
the promise of marriage be in writing. 

Mr. » cLean opposed the bill. Let the 
matter remain as now. As the Romans re- 
garded parricide, so let us regard the crime 
of seduction. Instead of in a statute, let 
the punishment be in the breasts of the 
good and true men of the land. 

On motion of Mr. Boykin, the bill was 
tabled ; yeas 16, nays 10. 

Here the calendar was exhausted. 

Mr, Watson sent forward, to be filed with 
the statement: made on Saturday by the 
Treasurer, in response to the Senate’s in- 
quiry asto the money paid on account of 
the Cape Fear and Yadkin Valley Road— 





114 


an addendum. It took that course. 
Mr. Caho, by consent, introduced a reso- 
lution instructing the Senators and Repre- 
sentatives in Congress from this State to 
advocate the removal of the obstructions in 
Bay River to Bayboro and the ereetion ef a 
light-house near the mouth of said river. 
Adopted, ordered engrossed and sent to the 
House. 

Messages were received from the House 
as follows: Concurring in resolution con- 
cerning joint, rules; transmitting certain 
bills and amendments, which were read by 
title, passed first reading, appropriately re. 
fetred, placed on the calendar, concurred in 
or informally passed over. 

Leave of absence was granted as fol- 
lows: Mr. King, of Cherokee, to-day; 
Messrs. Payne,- Whitford and Strayhorn, 
indefinitely. 

Mr. Loftin moved fo adjourn; and, at 
1:40 o'clock, p. m., the Senate adjourned 
till to-morrow morning at 10 o’clock. 


HOUSE OF REPRESENTATIVES. 

The House met at 10 o’clock, Col. Holt, 
of Alamance, in the chair. 

The journal of Saturday was read and ap- 
proved. 

PETITIONS 
were introduced as follows: 

Messrs. Leazer and Thompson, petitions 
relative to the appointment of justices of 
the peace. 

Mr. Riggs, from citizens of Roanoke 
Island, against the establishment of a stock 
or no fence-law on said island 

From the same, asking that the prohibi- 
tion law in that county be repealed. 

Mr. Tate, petition asking that Perkins 
School House Trustees be incorporated. 

Mr. Gudger, asking that the question of 
the stock law be submitted to the voters of 
Buncombe county. 

Mir. Lenoir, asking that the sale of liquor 
near Three Forks Institute be allowed. 

Mr. Bailey. of ‘lecklenburg, from citizens 
of Charlotte, against the proposed amend- 
ment of the charter of said city. 

REPORTS OF OOMMITTEES, 

The following committees reported on 
the following bills: 

Internal Improvements—To incorporate 
the Wilkesboro Bridge Company. 

Fish Interest—To protect fish in the Neuse 
and Trent Rivers. 

RESOLUTIONS. 

Resolutions vere introduced as follows: 

fir. Hayes, of Robeson, a resolution in- 
structing the judiciary committee to report 
a bill to elect justices of the peace by the 

qualified voters. Calendar. 

Instructing the same committee to pre- 

_ pare a bill to work and maintain the public 
roads by taxation*® Calendar. 

| Instructing the eommittee on penal insti- 

tutions to report a bill to provide for the 











-) ; rea 


leasing out of convicts and for the comple- 
tion of the penitentiary. Calendar. 
BILLS. a 

Buls were introduced, passed their first 
reading and were referred as follows: 

Mr. Forbis, to amend the Jaw relating to 
sheriffs’ fees. Judiciary. 

Mr. Ray, to amend chapter 83 of Battle’s 
Revisal. Fish interest. 

Mr. Hamilton, to repeal chapter 86, laws 
of 1869-70, and chapter 144, laws of 1870-71. 
Judiciary. : 

Mr. Bailey, of Mecklenburg, to amend 
section 41, chapter 3, title 4, of the Code of 
Civil Procedure. Judiciary. 

To effectually secure titles to real estate. 
Judiciary. F 

‘'r. mecLoud, to regulate the sale and 
carrying of deadly weapons and for other 
purposes. Judiciary. 

Mr. Overman, To amend the charier of 
the town of Salisbury. Judiciary. 

Mr. Lenoir, concerning the sale of liquors 
in certain localities in Watauga county. : 

THE OALENDAR 
was then taken up and disposed of as fol- 
lows: 

Senate resolution amending the joint 
rules. Adopted. 

To more effectually prevent the removal 
of joint fences. Informally passed over. 

Mr. Thompson moved to place the 
calendar in the hands of the Speaker for 
the day which was lost. 

To extend the time to redeem land soid 
for taxes. Tabled. 

To authorize the treasurer of Caswell 
county to pay certain claims. Passed its 
third reading. 

To incorporate the Wilkesboro Bridge 
Company. Passed its third reading. 

To incorporate the Raleigh Mail Printing 
and Publishing Company. Passed its third 
reading. 

Substitute for an act for’ the relief of 
farmers in certain localities, relating to 
the weighing and selling of cotton. 

Mr. Page was in favor of the bill because 
the farmers ought to have some protection, 
that in some cases the farmers were com- 
pelled to sell and that they had not the 
slightest protecticn in such cases. 

r. Thompson thought the farmers rem- 
edy was.ample now, and that if he was not 
not satisfied with the weight, he could re- 
fuse to stand by the weight, and could get 
apother weigher to weigh it. 

ur. Powers, of Cumberland, thought that 
the sellerought to be protected, that the 
buyers were sharp enough to protect them- 
selves, and that they would do so. 

The bill was further discussed by Messrs. 
McCotter, Lenoir and others. The bill then 
passed its third reading. 

To incorporate the town of Third Creek, 
in Rowan county, passed its third reading. 

To authorize the commissioners of Curri- 


— 


eo 









































unty to levy a special ie passed its 
reading. 
MESSAGES 


ie House that the Senate had passed the 
owing bills, which were read and dis- 
posed of as follows : 

To amend section 20, ehapter 200, laws of 
81, consolidating the school law. Educa- 
i ‘tion. 

Senate amendment to the act to ascertain 
the dividing line between the counties of 
p= arnett and Johnson. Corporations. 

To prevent the felling of timber in Muddy 
" ecels, in Cleaveland county. Passed its 


yr Senate substitute for an act to prevent 
the erection of artificial islands in the navi- 
gable waters of the State. Propositions and 
erevances. 
To establish a graded school in the city 
“of Newbern. Under a suspension of the 
_ rules passed its second reading and then 
took-its place on the calendar. 
That the Senate had appointed on its 
part of the committee of conferees Messrs. 
- Watson and Goodwin. 
To prevent the obstructing of North 
M uddy Creek, in McDowell county. Passed 
ts third reading. 
_ Toestablish the stock law in a part of 
“Perquimans county. Passed its third read- 
ing. 
_ Tomake bonds issued by the State or by 
or under its authority redeemable after five 
"years. 
_ Onmotion of Mr. Overman it waslaid on 
the table. 
To secure the better drainage of lowlands 
South Fork Creek, in the counties of 
rsyth and Davidson. Passed its third 
uP reading. 
To prohibit the sale of liquor in certain 
ocalities in the county of : adison. 
_r. Bryan disliked to oppose local bills, 
put said if matters went on at this rate 
‘ there would soon be prohibition all over 
the State, and he thought one mile or even 
a half a mile was far enough to prohibit the 
ale of liquor to protect any church. He 
in favor of protecting churches, but 
d not think the line ought to go too far. 


| The bill was, on motion, passed over in- 
formally. 

amend the charter for the town of 

ount Pleasant in Cabarrus ote Passed 

d reading. 

0) incorporate the Fayetteville public 

al and graded school for whites. 

ed third reading. 

bstitute for an uy for the protection 

farmers. Informally passed over. 

ibstitute for an act to increase the fees 

stices of the peace. Informally passed 
rdered 0 be: printed. 


5 


kon its Regular Session, 1883. a i 


e received from the Senate informing — 





To regulate transcripts on appeal. 
formally passed over. 

To prohibit the sale of liquor to ame 
idiots and inebriates. Tabled. 








ciety of Rutherford College. Passed third 
reading. 

To amend chapter 
Third reading. 

To repeal chapter 274, laws 1881. Passed — 
third reading. 

To amend | chapter 234, laws 1881. 

Pending the consideration of this bill the - 


hour for adjournment arrived and the House — 


stood adjourned. 


SENATE. 
THIRTY-FIRST DAY. 
Tusspay, February 6. 
Senate called to order at 10 o’clock. 
The Journal of yesterday was read. 


My, Toon, petition from citizens of Co- 


lumbus county, asking that prohibition be 
not repealed within ‘one mile of Cherry > 
Grove Church. 

Mr. Speight, petition from citizens of 
Perquimans, against local prohibition in 
that county. 

Mr. Caho, petition from citizens of Kins- 
ston protesting against a change of their 
charter. 

Mr. Dortch, petition for the repeal of the 
charter of the Cotton Exchange at Golds- 
boro. Alsoa petition from the colored peo- 
ple of Goldsboro, asking that the trustees of 
the colored graded school be changed. 

Mr. Gray, petition from Edgecombe for 
aid to the State Guard. 

Mr. Purnell, 
Garner Station, Wake county, asking to be 
incorporated. 

My. Payne presented the majority report 
on the railroad commission and stated that 
the committee had agreed to adopt the Boy- 
Kin bill, with certain amendments. 

"ry, Clark stated that the committee would = 
present also a minority report. 

Mr. Dortch moved that the bill and re- 
ports be printed, 500 copies each, and made 
the special order for Tuesday next at 11 
o’clock. Ordered. 

“ir. Womack, bill to divide the State into 
nine Congressional districts. 


Mr. Webb, billto amend the charter of 


King’s Mountain, in Cleaveland. 

Mr. Pemberton, bill to allow Z. F. Long, 
late sheriff of Richmond county, to collect 
ar. ee es of taxes. 

‘Watson, resolution authorizing the 
pee Board of Education to adjust and set- 
tle the claim of Rev. C. H. Wiley, late su- 
perintendent of common schools. 

Mr. Boykin, bill to incorporate the Wil- 
mington, Point Caswell and Clinton Rail- 
road and Steamboat Transportation « om- 
pany. 

i ig Peon pean seca 





In- 


168, laws of 1881. 








To incorporate the Platonic Literary So. i 


petition from citizens of 








f 
147 
£ 








116 


for Chapel Hill church, in Iredell, for two 
and a half miles. 

Mr. Dortch moved that the copies ordered 
printed of the railroad commission be in- 
creased from five hundred to one thousand. 
Ordered. ~ 

Mr. Dortch, bill to amend the act concern- 
ing the colored graded school in Goldsboro. 

Tr. Hill, bill and petition to aid in the 
drainage of swamp lands in Pender and 
Duplin counties. 
printed. Ordered. 

Mr. Gray, bill to incorporate Princeville, 
in Edgecombe county. 

Mr. Evans, bill to regulate salaries and 
fees of magistrates and for other purposes. 

Mr. Boykin asked for a suspension of the 
rules, and the bill for constructing the Wil- 
mington, Point Caswell and Clinton Rail- 
road and Steamboat Transportation Com- 
pany was put on its readings. Passed its 
third reading. 

Mr. Scott, of Rockingham, asked that the 
bill to incorporate the town of Trenton, 
Jones county, be taken up. 

Mr. Pemberton amended this bill by 
striking out ‘60 and putting in 75.” The 
bill passed its second reading—yeas 33, nays 
none. 

Mr. McLean asked for a suspension of 
the rules, and the }ill to amend and consoli- 
date ‘the acts incorporating the town of 
Lumberton wes put onitsreadings. Passed 
its second reading—yeas 29, nays none. 

Mr. Farmer, bill io amend the act estab- 
lishing the Department of Agriculture. It 
changes the act so. as to elect from each 
Congressional district in the State a repre- 
sentative for that department; the election 
left with the Legislature. 

Wir. Dortch said it seemed to be a very 
important bill, and moved it be printed. 
Ordered printed. 

Billto amend an act concerning salaries 
and fees. Passed ihe third reading with 
Senate amendment and was returned to the 
House for concurrence in the amendment. 
This bill allows the constables the same 
fees as the sheriffs. 

Bill to amend laws to regulate fishing in 
Pamlico and Tar rivers was made special 
order for next Friday. 

Bill in regard to punishment for conceal- 
ing the birth of a child. My. Payne offered 
a substitute making the man concerned 
as wellas the woman indictable. The sub- 
stitute passed its third reading. 

Bill to provide an alternative method for 
keeping in repair the public roads in For- 
syth, was on motion of Mr. Alexander 
made special order for next Tuesday. 

Bill concerning the registration of certain 
deeds. Mr. Boykin explained that this bill 
provides to cure that defect in the law 
where the grantor refuses to acknowledge 
the deed and there is no subscribing witness, 
the grantee, his heirs or assigns may issue 


He moved they be | 





| suggested that the ideas of the Senator 


| amendments to the bill on its third reading. — 










notice returnable before a clerk to th 
grantor, requiring him to appear and show 
cause why the deed should not be regis- 
tered, and if he does not appear an order of 
registration is made; if he appears So 
denies the execution the pleadings are 
drawn and the issue certified to the Su- 
perior Court and tried bya jury. 

Mr. Scott, of Rockingham, gave notice of. 


The bill then passed its second reading. 
‘ Bill to incorporate the Charlotte Cotton 
Till. ; 

Mr. Alexander objeeted to the amend- 
ment of the committee as a double tax on 
the property and the stock of the com- 
pany. 

Mr. Scott, of Rockingham, gave reasons 
for the commitiee’s action on the bill, end 


from Mecklenburg were better fitted for the 
revenue bill than for this. ‘ill with amend- 
ments passed its third reading. 

Bill relating tothe clerks of superior 
courts. This was a substitute to Mr. Jones’ 
original bill, which amended the “Monday 
act” so as only to require clerks to be in — 
their office ‘‘on the first Mondays in every 
month,” and the substitute from the com- 
mittee provided for the first and Second — 
Mondays in July and August. | 

Mr. Scott, of Rockingham, thought clerks — 
should have recreation during July and Au- 
gust, except on the first Mondays of those 
months, and amended only as to these 
months. 

x. Jones pressed the Monday exemption 
in the original bill. 

“yr, Morehead said the best way to reme- 
dy these holiday reliefs was to re-establish 
the old count) court system. 

Mr. Loftin opposed the bill. He thought 
the public’s convenience of more considera- 
tion than the clerk’s health. 

r. Payne moved to table the whole bu- 
siness. The Senate refused to table. 

The special order (the bill in regard to 
county treasurers) coming up, further dis- 
cussion as to the relief of Superior Court’ 
clerks ceased and the bill was passed over. 

The bill in regard to county treasurers 
failed to pass its second reading. 

Bill for the protection of landlords against 
damage to their premises by tenants. The 
substitute from the committee passed third 
reading. [This.was Mr. Watson’s bill.] 

vr. Jones here explained his position on 
his amendment to the bill for Superior 
Court clerks. It only required their pres- 
ence on the first and third ¥ ondays in 
every month. Of course there is a deputy 
clerk, and the office always remained open 
to the public, and he asked this relief for 
the clerks of a belt of counties up west. 

vr. Payne earnestly hoped the Senate 
would not grant this exemption,for the ver 
reason that the present law requiring th 



























































' clerk’s presence in their offices every Mon- 
_ day in every week had been on the statute 
- book since 1872, and never asked to be 
_ changed, and for the further reason that it 
was establishing a bad precedent. He 
trusted the law would stand as it was. 
| Mr. Womack agrecd with Mr. Payne. It 
_ was a step in the wrong direction and should 
- not be changed. 
_ Mr. Lovill said the clerk’s presence every 
' Monday was necessary to the business of 
his county, and if the clerks in other coun- 
“ties couldn’t stand it, let them resign. 
_ Others could fill their places; the people 
' were not interested in their going off in the 
summer “‘attending the watering places.” 
_ Mr. ‘aho said the clerk in his county 
' could stay in his office ‘only one-tenth of te 
_ time and attend to all the business. His 
clerk was a good farmer, and if allowed to 
» take a trip west during the hot’ months 
* might spend some money there. He 
_ thought the amendment should pass, and 
' Galled the previous question, after adding 
_ the counties of Pamlico and Dare to Mr. 
Jones’ belt of counties. 
Mr. Jones’ amendment was voted down. 
Mr. Scott’s( of Rockingham) amendment 
' was voted down. 
Mr. Lovill’s amendment was voted down. 
All amendments voted down. 
The substitute offered by the committee, 
_ exempting the first and second Mondays in 
» July and August, was voted down. The 
' original bill was next voted down. 
_ Mr. Clarke sent up the report of the 
' minority on the railroad commission. 
Mr. Boykin’s bill regarding the registra- 
| tion of deeds, passed its third reading. 
' _ House bill and Senate bill regarding the 
killing of live stock on the railroads and 
making it indictable. Mr. Ebbs said he 
| differed with Senators who said this pill 
was unfair, unjust and unconstitutional. 
He spoke to the bill and hoped it would 
my pass. 
_ Mr. Purnell offered a substitute. 
Mr. McLean moved to lay the whole mat- 
_ ter on the table: 
| Mr. Ebbs asked the yeas and nays. Not 
» ordered. 
' The bill was tabled. 
' _ Bill for enforcing a lien on a judgment 
and extending the time from six to twelve 
months, passed its third reading. 
Mr. Purnell, bill to exempt members of 
_ the Hook and Ladder Company of the city 
of Raleigh from militia and jury duty after 
_ Seven years’ continuous service. 
Mr, Cozart, bill to restore the office of 
county treasurer. ‘ 
Mr. Scott, of New Hanover, bill allowing 
John Green and Samuel Hines to redeem 
land sold for taxes_ 
_ Mr. Loftin, bill to abolish Inferior Courts. 
Bill to prevent defacing signs or pulling 
m down on public roads. Mr. Pcunber- 


At its Regular Session, 1888. 





117 


ton said the committee thought it was going 
too far, asthe law already protected public 
notices; for instance, under this bill if a 
man should happen to write on a sign 
“Take Simmon’s Liver Regulator,” ‘‘Don’t 
take it,” which would be very good advice, 
he would be indictable for defacing a sign. 

Mr. Morehead said that such defacing 
was sheer deviltry and should be stopped, 
a party had no business interfering with a 
legitimate sign in any shape or way. The 
bill was tabled. 

Bill to amend the act relating to probate 

of wills. Passed its third reading. 
‘ Bill to amend section 369 of the Code of 
Civil Procedure, striking out ‘‘Supreme” 
and inserting ‘‘Superior.” Passed its third 
reading. 

Bill to amend chapter 83 of Pattle’s Re- 
visal. Substitute from the committee as to 
drag nts for certain counties. Passed its 
third reading. 

Bill amending the telegraph law, making 
indictable the pulling down of telegraph 
poles so as tu apply to telephones, passed 
its third reading. 

Fill to incorporate the Baptist Female 
College at Shelby, passed its third reading. 

Bill to amend the act relating to the stock 
law, passed its third reading. 

Bill to amend the charter of the city of 
Charlotte, passed its third reading. 

Bill to amend the law so as to prevent 
renters of houses from holding over when 
notified by landlords to quit the house, 
substitute from committee, passed its third 
reading. 

Bill to incorporate Rocky Mount Agri- 
cultural Association, passed its third read- 
ing. 

Bill authorizing the Virginia and Carolina 
railroad company to construct, equip and 
operate lines through the State, passed 
its third reading. 

Mr. Dortch in the chair. The calendar 
was again cleared. Adjourned. 

Norr.—Mr. Caho offered a petition yes- 
terday from citizens of Middleton. in Hyde, 
for repeal of prohibition. 

“HOUSE OF REPRESENTATIVES. 

The House met at 10 o’clock, 
Worthington in the chair. 

Prayer by Rev. Dr. E. A. Yates. 

* PHLITIONS 
were introduced as follows: 

Mr. Bullock, from liquor dealers in Louis- 
burg. 

Mr. Alardy, asking for the appointment 
of a justice of the peace. 

Mr. Simmons, from the citizens of Bean- 
fort county, asking that the sale of liquor be 
prohlbited within three miles of Shady 
Grove Church. Asking that the town of 
Stanton be incorporated. 

_Mr. Houston, relative to the appointment 
of justices of the peace. 


br. 


— 


yt 


i 


118 


Mr. Sandifer, asking that the charter of 
the city of Charlotte be amended. 

Mr. Phillips, protesting against prohibi- 
tion at Westfield in Stokes county. 

Mr. Wood, asking for prohibition within 
two miles ef New Hope, South John and 
Bank Chapel. % 

Mr. Harris, of Wake, asking that conviet 
labor be not placed in competition with 
honest labor in the county of Wake. 

vr. Walker, from Graham county, asking 
that the contract of the Western North 
Carolina Railroad be not changed. 

Mr. Lineback, asking that the sale of 
liquor be prohiblted in certain localities in 
the county of Mitchell. 

REPORTS OF COMMITTEES. 

Sundry committees reported variously on 
the following bills: 

To amend the law in regard to sheriffs’ 
fees. To protect oysters. To incorporate 
the Centurion Benevolent Society. To 
amend the charter of the town of Salisbury. 
To lay out and construct a public road in 
Pamlico county. To amend chapter 65, 
Battle’s Revision To repeal chapter 191, 
Jaws 1881, and chapter 216, laws of 1881. 

BILLS 
were introduced, passed their first reading 
and were referred and disposed of as fol- 
lows: 

My. Sherrill, to amend the law in regard 
fo the keeping of the poor. Judiciary. 

Mr. Phillips, to change the time of hold- 
ing the Superior Courts of Surry and Stokes 
counties. Judiciary. 

Mo. Patrick, to incorporate the Seaboard 
Manufacturing Company. Corporations. 

Mr. Sherrill, to incorporate Oxford Toll 
Bridge, in Catawba county. Corporations. 

Mr. Simmons, to incorporate the town of 
Stanton, in Beaufort county. Corporations. 

Mr. Thompson, an act in relation to oys- 
ter gardens. 

r. Dixon, to authorize the treasurer of 
Greene county to pay Dunson A. Lane. 
Claims. 

Mr. Lineback. To prohibit the sale of 
liquors within two miles of certain churches 
in Yitchell county. Propositions and 
Grievances. 

CALENDAR. 

The following bills were disposed of as 
follows: 

Substitute for an act to amend the law in 
regard to sheriffs’ fees, passed third read— 


ing. 

‘a regard to paying jurors their per diem 
in cash. 

To provide for the protection of female 
convicts. Referred to the committee on 
pena! institutions. 

To remit the tax fee on the bill incorpo- 
rating the Wilkesboro Bridge Company. 
Passed third reading. 

To repeal the law prescribing the duties 
of coroners. Tabled. 


Proceedings of the General Assembly of North Carolina, ie 









*, 


> 


In relation to the boards of county com- 
missioners. Tabled. : 
To exempt from taxation $100 worth of 
farming and mechanical tools. Tabled. 
SPECIAL ORDER. 

To establish twelve judicial districts in 
North Carolina. 

Mr. Bunn moved to postpone, and that it 
be made the special order for next Wednes- 
day night week, at 8 o’clock. 

The motion prevailed. 

CALENDAR (resumed. ) 

To establish a new county by the name 
of Richlands. Re-referred. 

To amend the act to establish the De- 
partmentment of Agriculture, Immigration, 
etc. Ordered to be printed and made the 
special order for Friday at 11 o’clock. 

To repeal chapter 65, Battle’s Revisal, 
relative to liens. Referred. 

To amend chapter 262, laws of 1881. 
Tabled. 


ee ee 


MESSAGES 
were received from the Senate informing 
the touse that the Senate had passed the 
following bills: 

House amendment to an act to amend 
chapter 216, laws of 1876-77. 

To incorporate the banks of Goldsboro. 

To incorporate the Wilmington, Point 
Caswell and Clinton Railroad and Steam— 
boat Transportation-Company. 

To protect fish in Elk river. 

Act for the relief of E. Kiver. 

To incorporate the town of Kill Quick. 

To establish a United States light house 
board. 

ct for the relief of W. Floe and others. 

To validate the registration of certain 
deeds for land. 

To amend the landlord and tenant act. 

CALENDAR (resumed. ) 

Mr. | ailey, of ¥ecklenburg, moved to — 
reconsider the vote by which the bill to 
amend chapter 262, laws 1881, was laid — 
upon the table. Mr. Robins moved to lay — 
that motion on the table, which was carried. 

To require all druggists to pay same tax as 
retail liquor dealers. Tabled. 

To incorporate the Wilmington, Point 
Caswell and linton Railroad and Steam- — 
boat Transportation Company. 

Mr. Forbis moved to refer to the commit- 
tee on’ corporations. 

Mr. Eunn opposed the reference, and said 
it was a purely local matter; that some of 
the names included in the bill were some 
of the best men in North Carolina, and that 
if we could not trust them who could we 
trust ? 

Mr. McCotter could see no reason why it 
should be referred. 

Mr. McLoud thought that we could trust 
the Senate; that they had passed the bill 
and that it was meritorious or they would — 
not have passed it, and he hoped the m»- 
tion to refer would not prevail. x 











Mr. Green, of Franklin, thought that 
_ there could be no objection to referring, 
_ and that while we ought to pay due respect 
_ tothe Senate, yet we were not here to pass 
_ solely what the Senate recommended. 

Mr. Peebles was opposed to referring 
id thought there was no reason for such 
ction, for the same subject had been dis- 

eussed a dozen times; that the rights of 
the people were fully protected and he 
could see no reason for delay in this mat- 
_ ter. 

Mr. Sherill thought if the members from 
the counties affected had no objections to 
the bill he could see no reason why this 
_ General Assembly should oppose its pass— 
age. 

__ Wr. Williamson said that it was purely a 
local matter and that he ‘hoped the bill 
_ would pass without delay. 

Mr Frazier said it was not the first time 
local bills had been passed without being 
referred and he hoped it would be the case 
in this instance. 

“Vr. Forbis changed his motion to refer 
to the committee on corporations to the ju- 
'diciary committee, which was los’. The 
biil then passed its third reading. 

To increase the number of the justices of 
_ the peace in each township in every county 
in the State. 

Mr. Page moved to amend by electing by 
the qualified voters of each township. 

Mr. Page’s amendment was lost. 
| Mr. Bower said that the provisions of the 
_ bill were simple that whereas we had 

_ heretofore had three justices of the peace, 
that now we would have five for each 
_ township. That the bill would give a large, 
_ and a better representation of magistrates 
_ to the people, and that the voice of the peo- 

ple would then be better heard, through 
_ this increase; he was in favor of giving the 
_ Republicans some of the additional appoint- 

ments. He regarded this office as a very 
_ important one, and he hoped the bill would 

_ pass. 

Mr. Powers, of Cumberland, moved to 
amend by saying that the additional justices 

be appointed one from each political party. 
_ Mr. Powers said that the amendment 
ought to prevail; that the Republican party 
was entitled to some recognition on the 

board of magistrates. That the party in 
_ the majority ought to remember that under 
4 the present system of county government 
that party had seen its majority in the State 
_ dwindle down from thousands to hundreds. 
_ That it would be better for his party to go 
- into thenext campaign with the present 

system of county government. 

_ Wr. Lenoir thought the amendment would 
not work in the townships where there 
were no Republican voters. 

__ Mr. Sherrill was surprised that the gen- 
_leman from Cumberland should be so much 
ainst this plan of county government if it 

























At its Regular Session, 1883. 








119 


was going to work to the benefit of his 
party. That this system had rolled lim out 
of the Democratic party and that it was a 

ood revolution. That he thought the 

emocratic party ought not to allow itself 
to be dictated to in this matter, but that it 
ought to use its discretion in its appoint- 
ments. 

Mr. Harris, of Wake, thought that when 
justice was to be done party ought not to 
beconsidered. That there could be no ob- 
jection to have every political complexion 
represented, except it might hurt some 
Democrat who wished to be kept in power. 

Mr. Thompson thought that it was in bad 
taste for the Republican party, after having 
made a whole campaign against this sys- 
tem and having been whipped out, to come 
here and beg for a crumb. He was opposed 
to giving anything to them after having 
fought so long to keep them out of power. 

wr. Peebles said that the gentleman from 
Cumberland was very much exercised by 
$1,800 having been robbed from the school 
fund of his county, yet he could show that not 
one cent of it had eyer gone into dishonest 
hands; that he had forgotten that when the 
the party to which he was allied came into 
power there was $150,000 of this school 
fund which was squandered, and not one 
cent ever accounted for. That when they 
had the appointment of judges that they 
did not give one single judge to the Demo- 
cratic party, but that they appointed some 
from their own party, who were the foulest 
blots on the judicial ermine of North Caro- 
lina that had’ ever been on any ermine. 
They gave the Democrats no credit for re- 
taining-Dr. Grissom as the head of the In- 
sane Asylum. He could not read in the 
voices of the people in the last electien any- 
thing like the people were dissatis- 
fied with the present system when 
you take into consideration the revenue of— 
ficers, (the like of which the eye never be- 
fore beheld), Northern money, etc., which 
were used by the Republican party in that 
campaign. In reply to the question of Mr. 
Harris, of Wake, if he thought the people 
of North Carolina were not capable of local 
self-sovernment, he said that he thought 
the Democratic portion of the people were 
perfectly competent and capable of local 
self-covernment. He hoped the bill would 
pass without amendment. 

“yr, Harris, of Wake, deprecated that 
politics had been brought into this matter, 
but he was not responsible for its being 
brought into it. But he would be untrue 
to himself and his party if he did not de- 
fend his party; that the gentleman had al- 
luded to money being squandered ten or 
twelve years ago by the Republicans; he 
supposed that the gentleman alluded to the 
special tax bonds; that those bonds were 
passed by the Legislature and turned over 
to five railroad presidents, three Democrats 





oe Sa OE ey 


2 Vy 7e ioe 




































‘and two Republicans, and that then the 
‘Republican party’s connection with them 
ceased, and that if they were stolen, then 
they were stolen by three Democrats and 
two Republicans. He did not himself be- 
lieve that any man was guilty of frand in 
these bonds, but the man who was tried by 
Judge Buxton, one Andrew Jackson Jones. 
Mr. Bower moved the previous question, 
' which was ordered. 
- ‘The question first recurred on the amend- 
ment, which was lost by the following 
vote: 
mY. Yuras—Messrs. Baker, Belcher, Bledsoe, 
- Bridgers, Bruce, Bryan, Bullock, Candler, 
"Covington, Cheek, Dixon, Eaton, Frazier, 
' Grissett, Hamilton, Harrison, Harris of 
Wake, Hewlin, Jenkins, Johnson of Craven, 
Landreth, Lineback, Mitchell, “ ontgome- 
ty, Page, Person, Poe, Powers of Cumber- 
‘a ead, Proctor, Pruitt, Reade of Person, 
' Smith, Stokes, Temple, Waddell, and Wil- 
cox—a6. 
' WNays—Messrs. Abbott, Bailey of Meclen- 
” pure, Bailey of Wilson, Barrett, Baum, 
. Beale, Bennett, Bower, Brown, tunn, 
' Byrd, Crouse, Cowell, Forbis, Fulton, Gat- 
© ling, Glenn, Green of Franklin, Gudger, 
’ Hardy. Warris, of Davidson, Hayes of 
- Swain, Holt, + ouston, Johnson of Johnston, 
"King, Lawrence, Leazar, Lenoir »¥ cAllis- 
- ter, « ceCotter, McCurry, McLoud, Marsh, 
' Mathis, Myers, Overman, Patrick, Peebles, 
- Philips, Posey, Powers of Cleaveland, Ray, 
"Reid of Gaston, Reynolds, Robins, Sandi- 
"fer, Sherrill, Simmons, Stanford, Steed, 
, Stewart, Tate, Thompson, Walker, Wil- 
. liams of Granville, Wiliiams of Sampson, 
_ Williamson, Wilson, and Wood—60. 
i The bill then came up on its second read- 
"ing and passed by the following vote : 
_ Ayes.—Messrs. Abbott, Anderson, Pailey, 
- of Wilson, Barrett, Baum, Bennett, Brown, 
- Bunn, Byrd, Cheek, Crouse, Cowell, Forbis, 
Fulton, Gatling, Glenn, Green, of Franklin, 
“Green, of New Hanover, Gudger, Hardy, 
Harrison, Harris, of Davidson, Harris, of 
Wake, Hayes, of Swain, hewlin, Holt, 
Houston, Johuson, of Johnston, King, Law- 
rence, Leazar, Lenoir, McAllister, McCot- 
ter, McCurry, McLeod, Marsh, Mathis, 
Myers, Newby, Overman, Page, Patrick, 
Peebles, Person, Philips, Posey, Powers, of 
Cleaveland, Powers, of Cumberland, Proc- 
tor, Ray, Reid, of Gaston, Reade, of Per; 
son, Reynolds, Sandifer, Sherrill, Simmons, 
Smith, Stanford, Stokes, Sutton, Tate, 
Temple, Thompson, Walker, Williams, of 
Granville, Williams, of Sampson, William— 
son, Wilson, Wood.—70. 
- Nayes.—Messrs. Baker, Belcher, Bled- 
_ soe, Bridgers, Bruce, Bryan, Bullock, Cand- 
‘ler, Covington, Dixon, Eaton, Grissett, 
Hamilton, Hayes, of Robeson, Jenkins, 
Landreth, Leary, Lineback, Montgomery, 
Pittman, Poe, Pruitt, Riggs, Robins, 
Steed, Stewart, Waddell, Wilcox.—30. 





Proceedings of the General Assembly of North Ca 


































































ik et 


ee 


The bill then came up on 
ing, and pending the cons 
House on motion adjourned. 


SENATE. — 
THIRTY-SECOND DAY. 4 
Wepnepsay, February 8, 1883. 

The Senate was called to order at 10 
o’clock. a : 

The journal fof yesterday was read an 
approved. ; coe 

vir. Clarke, petition from the Mayor and 
250 tax-payers of Newbern and Craven © 
county, asking for aid for the State Guard, 

¥ r. Strayhorn, petition of citizens of Cas- 
well county relating to the Methodist 
church at Leasburg. ra 

vr. Payne, petition from citizens of 
Monroe, asking for a graded school. Mr. 
Payne said the petition would be followed 
by a bill. 0; a 

Mr. Pemberton, petition from certain cit- 
izens of Stanley, praying for the repeal of 
prohibition at Big Lick. 

Mr. Webb, ‘petition from Citizens of — 
Cleveland, asking for prohibition in three - 
miles of Camp Creek Baptist church. ; 

Mr. “ebane, petition from citizens of 
Bertie, asking for the repeal of the prohibi- 
tion act so far as it relates to that county. 

Mr. Lyon, petition from citizens of Bladen — 
against fishing with nets, ete., in White — 
Lake; also a petition from citizens of White — 
Oak township, asking for a stock law. ; 

Mr. Toon, bill to amend the Pharmacy; — 
Act, also a bill to incorporate the town of 
Chadbourn in Columbus county. _ 

“yr. Strayhorn, bill to amend the laws 
concerning the Methodist church in Caswell ~ 
county. e 

Mr. Boykin, bill to amend segtion five, — 
laws of 1876-77. 

Mr. Goodwyn, bill to allow Jas. F. Daw- 
son, late sheriff of Halifax, to collect ar- 
rearages of taxes. , 

ivr. Costner, bill to amend law relative to 
the town of Mount Holly, in Gaston © 
county. ’ 

Mr. Lyon, billto prohibit fishing in the ~ 
waters of White lake, Ge., in Bladen. 

Mr. Scott, of New Hanover, petitions of 
citizens of Burgaw, Pender eounty, for re-— 
peal of the prohibition law as applied to” 
Burgaw. r 

Mr. Ebbs, bill to prohibit the sale of liq- 
uors in certain localities in Madison, and a” 
petition with the same. % 

Mr. Lyon, bill to prohibit the sale of 
liquor in two miles of Spout Spring 3.etho-— 
dist church in Bladen. i 

[The chair here stated to the Senate that 
he had a telegram trom Newbern dated the” 
7th of February, giving information of the 
death of the wife of Senator Whitford at 8 
p. m., on yesterday. This inoformati 
would explain the continued absence of 
Senator. } ait 


Teil 





be 











































e clerk read the original bill for the 
le of the State’s interest in the Cape Fear 
_and Yadkin Valley Railroad. There are two 
‘substitutes from the committee for this bill, 
 afid section 9 is to amended that the con- 
victs shall not be employed on any branch of 
id railroad,except the Yadin Valley branch 
zntil the said railroad is completed to Mt: 
Airy and Patterson. Another amendment 
secures the completion of the road to Pat- 
_terson, in Caldwell county, by providing if 
“the work be delayed or the grading sus- 
' pened until the road is completed to Pat- 
terson, then the company shall forfeit all 
' right or claim to the convict labor, and all 
bonds due the State from said railroad com- 
‘pany for convict labor shall become the ab- 
‘solute property of the State; and, also, the 
“seventy thousand dollars of new North 
Carolina bonds, deposited by the company 
' with the State treasurer, shall likewise be- 
come the absolute property of the State, 
fetc., etc. 
__ These amendments were reported by Mr. 
> Linney, and not Turner, as printed for the 
majority report of the committee. 
- Mr. Pool offered the minority report, 
© which is not clogged with guarantees in the 
' sale of the State’s interest and the onward 
_ building of the road. 
_ Mx. Dortch said he was not opposed to a 
' sale of the State’s interest, but thought it 
- ought to be sold at public auction, so as to 
_ give everybody a chance, and he offered an 
- amendment to that end to the original bill 
-asfollows: ‘‘Strike out all after the word 
» ‘company,’ in section 1, line 7, down to the 
/word ‘upon,’ in line 16, and insert the 
_ words ‘at public auction after 90 days’ no- 
_ tice in such newspapers as they may se- 
lect.’ ” 
__ Mx. Watson said he was not feeling well, 
but if his strength could hold out he would 
' give the Senate some history of the com- 
_ pany, condition of the road, &c. He said 
the State owned $550,000 worth of stock, 
valued now at ten cents in the dollar, mak- 
ing $55,000 the value of the State’g interest. 
' itis necessary to sell, as the company has 
had to borrow $150,000, and hypothecated 
its bonds for $300,000, with about $52,600 of 
‘mortgage-bonds besides. There are eighty 
‘miles of road graded ready for the iron, and 
the company has not the credit to buy it, 
and so the State must help it. The State 
would do well to give $55,000 to any syndi- 
cate that would cut across these lines and 
complete the road to Greensboro, thereby 
‘putting the Wilmington and Weldon, the 
raleigh and Augusta and the Richmond 
and Danville Railroads in competition with 
each other. 
As to Mr. Dortch’s“amendment proposing 
tosellthe State's interest at public auction, 
he spoke of iron and coal in inexhaustible 
‘quantities on the Dan river beds that this 


At its Regular Session, 1883. 








121 


county of Surry is concerned these iron 
beds are all over the county; the very finest 


_ iron; the county might be said to be one 


vast bed of iron. He spoke of the Yadkin 
Valley as one of tlie fairest valleys the eye 
of man had ever beheld; its Representa- 
tives had stood here on this floor and voted 
vast sums to help the east and west with 
railroads and never till to-day had they 
asked the State for help for themselves, and 
now not for themselves alone, but for this 
bill, which, in its policy, would help the 
whole State. In all such internal improve- 
ments as these it was the duty of the State 
to furnish convict labor free to any com- 
munity that desired it. To construct this 
road as the syndicate proposed would be 
worth to North Carolina ten-fold fifty-five 
thousand dollars, because thé first mortgage 
bonds with the road unfinished would be 
as the State’s stock now is. The State 
of North Carolina ten years after the build- 
ing of the road from the South Carolina line 
to the town of Patterson would be worth 
ten-fold more than the cost of the whole 
building of the road. He had rather this 
road stand as it is than to adopt the amend- 
ment of the Senator from Wayne, and he 
warned this Senate now if they adopted 
that amendment this road would pass into 
some railroad’s hands that would throttic if. 
Mr. Morehead said he arose merely to 
move the postponement of the bill for fur- 
ther discussion until to-morrow, in order 
that the Senators might be better conver- 
sant with the facts. Taking the statement 
of the Senator from Forsythe, the actual 
value of the State stock was merely mythi- 
cal—he understood the value to be about 
two dollars a share, as fixed by the last Gen- 
eral Assembly. This railway got the $150,- 
000 by putting up three hundred thousand 
dollars in bonds which were endorsed be- 
sides by privatesgentlemen asa guarantee 
tothe bonds. From the calculations hehad 
scen made it would take five hundred thou 
and dollars to buy the iron on the main 
tack to Mt. Airy. before beginning the 
branch to Patterson. He represented a con- 
stituency who were interested in the road 
who were now paying asubscription on the 
invitation to buildthis road, and all they 
wanted was some proposition that would 
build the road; three townships in his coun- 
ty had given $23,000 in cash to this road, 
and they had actually given the company 
the money to buy the carts and picks and 
shovels to start the road; the company 
hadn’t acent to buy them of itself; his con- 
stituents had gone on their private means 
and were now paying their money 
with the understanding that this road would 
be completed, and it was a moral obligation 
on the part ot, the State that this road 
should be built or else the money refunded 
to his constituents. The present company 
had neither money or credit. Heaskedthe | 


* 





S-3 


= ow 


a 


» 


de! 
“i 
; 


n't 


y 


122 


attention of the lawyers to these new 
special act bonds, issued by the Legislature 
of 1868, and the question was whether the 
holders of those bonds could not go on the 
stock of the State for the payment of those 
bonds. This offe1 to purchase contains two 
propositions; one is simply to buy out, and 
the other is on the extension of these 
branches that what they gave should be re- 
bursed to the company. He thought when 
the Senate should fully understand the facts 
that one or the other of the propositions 
would be accepted. ; 

Mr. Loftin asked Mr. Morehead which of 
the propositions he was for? 

Mr. Morehead replied that his constitu- 
ents were for continuing the road to Pat- 
terson, whence they could bore a hole 
through the mountains for the West or dig 
deep ditches for the East; the people of 
Guilford, through their Representative, al- 
ways stood with an outstretched hand. He 
raoved a postponement of a further discus- 
sion of the bill till to-morrow at 11 o’clock. 

Mr. Dortch said he was in favor of the 
sale of the State’s interest in the road, that 
it might be completed. He would do every- 
thing in his power to aid the people in that 
section of the State, but thought his amend- 
ment to sell at pubiic auction should pre- 
vail, to prevent complaints and give all who 
may desire to purchase an opportuniiy to 
bid. 

On motion of Mr. Morehead the bill was 
postponed till to-morrow. 

The special order, Mr. Poole’s bill for 
building a residence for the governor, came 
up. Mr. Poole spoke to the bill. He 
thought it time that the General Assembly 
was obeying the command in the constitu- 
tion to provide such a residence. This bill 
provides that the money derived from the 
sale of the old governor’s mansion and the 
sale of the lots made by a preyious General 


‘Assembly,with the use of the-convict labor, 


shall go to tuilding a residence on Furke 
square. 

vr. Scott, of Rockingham, asked the 
amount for the sale of these lots. 

Mr. Poole answered that the amount de- 
rived from the sale of lots was $17,000; 
the amount that may be derived from the 
sale of the old Governor’s mansion about 
$8,000, and with that and the use of the 
conviets they could put up a $35,000 build- 


hate 

wf The bill was put to a vote of the Senate. 

Mr. Cozart asked for the ayes and noes. 
_ Not granted. The bill passed its third read- 
ing. 
“yr, Caho asked that the bill to amend the’ 
charter of the city of Newbern, allowing 
' them to increase taxation, be taken from 
_ the table. 


‘ry. Clarke opposed it;, hoped the bill 


- would stay where was. 


MOAN? 
by 


Mr. Caho’s motion prevailed, and the bill 


a 


Proceedings of the General Ass-mbly 





sout the rule. 


ae, CTA ae 


eS ae 


ae 
iajie}' 


of North Car 


was restored to the calendar—yeas 16, 
10. . 
Mr.'Clark made the point of order that it 
required a two-thirds vote. 

The chair asked the gentleman to 


On 


ing shall be acted on out of the regular or- 


der in which it stands on the calendar, and — 


no bill or resolution shall be acted on its 
third reading theesame day that it epassed 
its second reading, unless so ordered by a 
vote of two-thirds of the Senators present.” 


The chair said if there was any other rule ~ 


on the subject he failed to see it. 
Mr. Boykin asked for a suspension of the 


rules, and the bill to incorporate the town — 


of Caswell, in Pender county, was taken up 
and put upon its readings. An amendment 
from Mr. Scott, of New Hanover, to allow 
the county commissioners to grant liquor 
licenses without an order first of the town 
board. Onit he got the yeas and nays, 
yeas 11, nays 21, andit was voted down, The 
bill passed its second reading, yeas 26, 
nays 3. 

rill to incorporate the town of Lumber- 
ton, passed its third reading, yeas 26, nays 
none. 

Mr. Pool asked a suspension of the 
rules, that the bill to facilitate the construc- 
tion of the Newbern and Beaufort canal be 
put on its readings. Granted, and the bill 
was read. It gives the State’s stock in the 


| Chesapeake and Albemarle Canal, of 2,500 


shares, to the Newbern and Beaufort Canal, 
they to turn it into useful navigation. 

r, Clarke showed maps of the country 
and spoke in favor of the transfer, showing 
the benefit of it to the eastern portion of 
the State. 

Mr. Webb said he would like further to 
look into the bill. It was a matter of grave 
importance, and he moved it be made the 
special order for next Monday at 12 o’clock. 

~r. Pool said the gentleman could get any 
information he desired right now. 

‘r. Purnell agreed with Mr. Webb. He 
would like further to investigate it. 

Mr. King of Cherokee, for ¢he commit- 
tee, said the State stock was $250,000. It 
was of no value now, and as it would build 
up the enterprise and he:p the eastern part 
of the State, the committee reported favor. 
ably upon the bill. 

Mr. Webb changed his move for special 
order at half-past 1 o’clock Friday, with 
also motion to print the bill. The Senate 
so ordered. 

Mr. Woodhouse, bill to regulate the 
killing of wild fowlin the waters of Curri- 
tuck county- ‘ 

Mr. Pemberton moved to reconsider the 
vote by which the bill in regard to county 


treasurers failed to pass its second reading — 


yesterday. It was reconsidered and recom- 


The chair then read rule 28, | 
“‘that no bill or resolution on its third read- 

































rt. McLane, petition from citizens of 
beson, asking to abolish the law on ag- 
ultural liens. He stated he introduced it 
Vv request. ry 
Adjourned. 

[Report of committee on educetion;con- 
erning the resolution of inquiry as to delay 
n ping the report of the Superintendent 
f Public Instruction. 

“T am instructed to*report that the com- 
mittee on education have made inquiry con- 
cerning the delay in publishing the report 
of the Superintendent of Public Instruc- 
on, and that no blame is to be attached to 
ny one on account of neglect. 
“The county reports to the Superintendent 
re not due until January 1st; then his re- 
‘port isto be made up from such reports. 
ence the apparent delay. 
bi PEMBERTON, 
for Committee.” 

HOUSE OF REPRESENTATIVES. 

Wepnespay, February 7, 1883. 

The. House was called to order by Mr. 
- Worthington at 100’clock. 

im, The reading of the Journal was dispensed 
with. 
q PETITIONS. 

Petitions were introduced as follows : 

} Mr. Stringfield, from citizens of Warren 

county, relative to the sale of liquors. 

' Wr. Powers, of Cumberland, relative to a 
_ free bridge over Cape Fear River. 

' Mr. Stanford, from citizens of Duplin, 
a te to the per diem of jurors. 

Mr McLoud, from Buncombe, asking aid 
r the State Guard. 

“y. Brown, asking a modification of the 
tax on purchases. 

_«r. Thompson, relative to the appoint- 
‘ ‘ment ‘of justices of the peace. 
vr. Smith, asking a repeal of the pur- 
chase tax on liquor, and asking aid for the 
tate Guard. 

__ “yr. Temple, asking a repeal of the pur- 
chase tax. 

, r. Dixon, ‘relative to prohibiting the sale 
of liquor near churches in Greene county. 
Mr. Bruce, asking that the contract of 
he Western North Carolina be not changed. 
wr. Bailey, of Mecklenburg, relative to 

he appointments of justices of the peace. 
REPORTS OF COMMITTEES. 

Sundry committees reported pon the 

the following bills : 

‘Toelect atax collector for the several 
everal counties of the State. For protec- 
on of the aids to navigation within the 
tate. Concerning the sale of liquor in 
bene. county. To prohibit the sale of 



























Cae Concerning the sale of liquor near 
ertain n chur Caldwell county. To 
sh Point ane Randle- 


















123° 
man railroad company. To prevent fraud 
in packing cotton. To change the dividing 
line between Swain and Jackson counties. — 
To prevent the erection of artificial islands — 
in the navigable waters of the State. To 
establish the dividing lines between the 
counties of Harnett and Johnston. To re- 
peal chapter 65 of Pattle’s Revisal, entitled x 











Lies. To amend chapter 87 of Battle’s Re- 
visal. To amend chapter 318, laws 1879. 
To incorporate the town of VW ebane, in Al” 
amance county. For the relief of W. Flow 
and others. For the relief of E. Kerner. — 
To prevent the felling of timber in % 
certain rivers. To amend chapter 156, laws — 
of 1868-69. (Landlord and tenant. act.) : 
To amend chapter 3, title 4, of the Code of — 
Civil Procedure. To change the time of a 
holding the courts in the counties of Surry | 
and Stokes. To amend chapter 94, laws of 
1881. To incorporate the Southern ‘Mining, bist 
Smelting and ‘'anufacturing Company. 
validate the registration of certain deeds = 
for lands. To make it unlawful to poison vik 
the fish in the waters of Oconalufta river, 
in Swain county. To repeal chapter 86). yi 
jaws of 1869-70, and chapter 144, laws of — 
1870-71. To authorize the survival of Civil 
actions for trespass. For the protection of ~ 
mechanics and laborers. Toamendthelaw 
of attachment. To allow asecond action 
for the recovery of land. To amend the 
law relating to the working of public roads. — 
To establish a railroad commission. 
RESOLUTION. i 
Mr. Hardy, resolution of instruction to — 
our members of Congress, to use their in- — 
fluence to have the light- house at Harlow He 
Island re-estaDlished. ; 


BILLS 
were introduced, passed their first reading — 
and were referred as follow : i 

Mr. Forbis, to regulate the sale of liquor | i 

by druggists. © Judiciary. é 
Mr. Harris, of Davidson, to require sher-— 
iffs to post all delinquent tax payers. Ju-— 
oy 
- Peebles, to amend chapter 242, laws 
of 1876 and 77. Judiciary. 

Mr. Forbis, to exempt keepers of public’ 
rrist mills from working the public roads. 
-ropositions and grievances. A 

Mr. Dixon, to prohibit the sale of liquor — 

near certain churches in Greene county. 
Propositions and grievances. 
Mr. Peebles, to provide for the levying of — 
a tax to keep up the fence around Occonee- — 
chee Neck. Propositions and grievances. 
wr. Powers, of Cleveland, to” encourage 
agriculture. Agriculture. : 
Mr. Anderson, to establish the dividing — 
line between the counties of Clay and Cher- — 
okee. Cities and towns. 

Mr. Peebles, to incorporate the town a 







































sarations, 
Mr. Leazar, to encourage educational 








a ad oe 








enterprises in North Carolina, Education. 

Mr. Williams, of Granville, concerning a 
devise to the Oxford Orphan Asylum. Cal- 
endar. 

THE CALENDAR 
was then taken up and the following bills 
were disposed of as follows: 

To amend the charter of the town of Mat- 
thews. Passed its third reading. 

To change the name of the Edenton and 
Norfolk Railroad. Passed its third reading. 

To prohibit the sale of liquor near the 
office of W. G. Candler, in Buncombe. 
Passed its third reading. 

Repealing the local prohibition laws in 
Person county. Referred. 

To amend chapter 191, laws 1872-78. 
Passed its third reading. 

To amend chapter 284, laws.1881. With- 
drawn. 

To amend chapter 11, Battle’s Revisal. 
Failed to pass its second reading. 

To provide for the more effectual punish- 
ment ofcrime in courts of justices of the 
peace. Tabled. 

To incorporate the Globe Academy, in 
Caldwell county. Passed its third reading. 

Yo incorporate the town of Highland, in 
Macon county. Passed its third reading. 

The special order for this hour was taken 

“up, it being an act to submit to the quali- 
' fied voters of Davie county the question of 
the stock law. 

Mr. Cain said that at an election held in 
Davie county some time ago on this ques- 
tion it was voted down by a large majority; 
that since that time the Legislature passed 


 astock law which the people did not want, 


and he hoped the bill would pass. 

_ Wr. Overman said it was a local matter as 
far as the bill affected the county of Davie. 
If this law was passed a precedent was 
established. that would bankrupt some of 
' the best counties in the State. He sug- 
gested that the bill should be entitled ‘‘An 


act to bankrupt the county of Davie.” That 


in the injunction cases on this subject the 


evidence showed that more than a majority | 


of the voters were in favor of sustaining 
the act of 1881; that this county was in his 
district, and it was once a part of Rowan, 
and that he thought much 
wishes of the people of Davie county. That 
the gentleman said he had the names of 900 
citizens and he (Mr. O.) showed one of 
them, and said that every name on the pe- 
pigtion was signed in the same hand, and it 
as the case with every one of the petitions 


in favor of this bill, and that this showed 


that a fraud had been perpetrated. He then 
read the petitions he had against this bill, 
and commented onthe difference in the pe- 


. titions, and read certificates in support of 


_ his statement from the county officers. That 
~ it was to the interest of the poor man to 
_ have a stock law in this county. That the 


_ majority of the owners of property were in | 





Proceedings of the General Assembly of North Caro Aaa ala 3 








of the | 





a 






favor of a stock law, and he hoped the b 
would not pass. . 

Vir. Cain, in answer to questions of Mr. 
Overman,,stated that he ran as an indepen- — 
dent Democrat but supported York and — 
Dockery, and that. he had supported Ran- 
som. 
can caucus once; that he was an indepen- 
dent Democrat and was not ruled by any 
party. Mr. Cain then spoke length in 
favor of the bill, and in favor of the repeal 
of the stock Jaw. 

Mr. Leazar said that he knew the county ~ 
commissioners and the gentlemen of Davie 
county, who had an influence in having the 
stock law were honorable men, and that 
they had practiced no unfair means in 
obtain this law. That there were many 
questions besides this question of the stock 
law that combined to send the gentleman 
from Davie here; that it would be unwise and 
unsafe to place the property owners at the 
mercy of the Republican party when that 
party had made it a party issue. Hehoped 
the bill would not pass. 

Mr. Phillips said it had been his policy to 
vote against all bills on this question which 
did not submit the question to the people; 
but that after the property owners had 
been compelled to take down their fences 
it was unjust to make them build them 
again just to give some one a job to build 
them; ihat it was not right or just to prop- 
erty holders; and that non-property holders, 
he beld, had but little interest in the mat- 
ter. He was opposed to the bill repealing 
the stock law for that county. 

Mr. Holt did not stand here to engender 
any strife between classes or parties; 
it was nota party question. In answer to 
a question by Mr. Ball, he said that he did 
not believe, as a man, that property holders 
were any better than a non-property holder, 
but if you did not protect property you 
would soon have none to tax. He was not 
in favor of the rich man or opposed to the 
poor man, but in favor of preen either 
when it did not hurt the other. That to 
pass this bill would be to ruin the property 
holders of Davie county; that if» the stock 
law was not already in force there he would 
be in favor of submitting to the voters, but 
if it was changed now it would work ruin 
to these people; and he was opposed to the 
a ale 

vr. Harris, of Wake, said that the action 
of the Democratic party in enacting partisan 
legislation for this county, in the first in- 
stance, was the result of the present state 
of affairs there now. He predicted defeat 
for the Democratic party in 1884. He then 
spoke at length in favor of the bill. 

r. Sherrill said that it was surprising to 
him that the gentleman from Wake and 
others on that side should be so much con- 
cerned about the Democratic party; that he 
must be the chairman of the Democratic ~ 





That he had been into the Republi- — 


1 Session, 1883 


wommicted. He Wren at heen 
posltion to the pill. » 


‘Mr, McAllister was opposed to the bill to 
submit to the people, on the ground that it 
had already been ip force in that county 
and the people interested did not desire 
to have it submitted. 

Myr. Holt called the previous question and 

the call was sustained. 

Mr. Bailey, of Mecklenburg, moved to 
amend by making the county pay for all 
fences which have been torn down and 
would have to be replaced. 

Mr. Overman moved to lay that amend- 
ment on the table, which prevailed and car- 
ried the bill with it. 

Mr. Overman moved to reconsider the 
vote by which the bill was tabled and to lay 
that motion on the table. The motion to 

. table prevailed. 

The special order for this hour was taken 
up, it being an act to amend chapter 240, 
laws 1874-75. 

Mr. Peebles said that the acts of 1874-75, 
was passed to prevent railroads from 
charging any more per mile for short dis- 
tances than for long distances, but that the 
proviso destroyed the effect of the bill, and 
that this bill was to strike out that proviso. 
The bill then passed its third reading. 

OALENDAR RESUMED. 

To increase the number of justices of the 
peace for the several townships of the State. 

» ry. Robins could see no use in increasing 
the number of justices of the peace in 

_ North Carolina. 

My. Holton was opposed to increasing 
the number of justices because he thought 
it would result in no good to the counties 
and would be expensive. 

: Mr. Wilcox moved to table the bill, which 
- was lost. 

Mr. Gudger said the bill as amended by 

~ him, would only give one for every 1,000 

: inhabitants, and two for every township, 
- whereas the bill would give two for every 
1,000 inhabitants. The amendment of Mr. 
a Gudger was lost. 

' Mr. Green, of New Hanover, moved, to 
amend by appointing every male in North 
Carolina 21 years of age, which was lost. 

Mr. Waddell moved to refer to the com- 
mittee on appointment of justices. The 

- motion was lost. 

The bill then passed its third reading. 

__ To empower the trustees of the Supreme 

_ Court library to appoint a librarian. Third 
reading. 

Substitute for an act to increase the fees 

of justices of the peace. 

ending the consideration of this bill the 
hour of adjournment arrived and the House 
cd adjourned. 
a ‘ SENATE. 
THIRTY-THIRD DAY. 
_ THURSDAY, Bepecary 8. 


Prayer by Dr. Atkinson. 

Journal read. - 

Mr. Ramsay got indefinite leave for the 
Senator from Orange. p 

Mr. Graham, petition from ‘certain t 
zens of Montgomery for the repeal of pro- 
hibition at Troy. 

Mr. Boykin, Petition of certain citizens o 
Sampson concerning the drainage of ¢ 
tain low lands. 

Mr. Linney, petition for appointing | 
justice of the peace in Iredell. Woo 
the committee. 

Mr. Alexander, bill relating to roads a 
highways. 

Mr. Evans, bill to allow justices of t 
peace the same feesas county commision« 
whenever they meet with said commission. 
ers to levy taxes. , 

Mr. Boykin, bill to secure the pett 
drainage of the low lands of Kilde 
Swamp, i in Sampson county. 

Mr. Boykin moved that the vote by wh 
the bill incorporating the town of Casw 
yesterday passed second reading be recon ; 
sidered. It was because the bill was put 0: 
two readings yesterday, whereas as it levies 
a tax it cannot be put on but one a davai 
Bill passed second reading—ayes 30, noes 0. 

Bill to incorporate the town of Trenton, i 
in the county of Jones, passed its th 
reading, ayes 39, noes none. [Mr. Clarke — 
stated that they had the small pox at Tren- 
ton, and wished the bill passed as soon a 
possible i in order to have proper regulatio 
for the town. | Sea 

Wr. Dortch, bill to incorporate the North 
Carolina Fish Oil and Guano Company. — Pa: 

Bill for the protection of crops in cert 
localities, on its third reading. 

Mr. Clark stated that this was a bill 
was not in operation in his county and i 
bill only provided the machinery for keep 
ing up afence. He amended by striki 
out W. J. Clarke’s name and inserting J. J 
Wolfenden and J. A. Meadows. Bill an 
amendment passed third reading. 

Mr. Payne, bill to amend the law so,as to 
make sureties on sheriffs’ and constables 
bonds liable for certain acts and trespasses — 
of their principals. He introduced it 
request. 

Mr. Purnell, resolution instructing t 
committee on penal institutions to Inqw irc 
and report why the board of directors o of 
the State penitentiary should not be 
quired to abandon the contract for the les 
of the ‘‘Oaks Plantation,” in Wake count 
and cultivate the land belonging to th 
State, known as Camp Mangum. ay 

Special order, bill for the sale of the State 
interest in the Cape Fear and Yadkin Ne 
ley Railroad, came up. 4 

Mr. Dortch said he had been informed by 
the Senator from Guilford and other friends 
of the road that the effect of his amendm 





another railroad’s hands, and he certainly 
had no disposition to do that, so he would 
vithdraw his amendment. 

The chair stated that the discussion yes- 
terday was not strictly in order, as the 
pending question was the amendments 
from the committee and not the general 

_ merits of the bill; but he yielded to the in- 
i ' dulgence of the Senate and allowed the 





general discussion of the bill, so the discus- 
_* sion was resumed on the general merits of 


'. the bill. 
‘a xr. Linney took the floor, advocating the 
-. majority report, that guarantees the com- 
~ pany to build the road to Patterson. He 
' gaye an interesting history of Wilkes 
f county, stating she had furnished one Goy- 
_ ernor, * ontford Stokes, who was also clerk 
here; paid him a high tribute and called 
‘over a list of her other great men, Cleave- 
Jand and others. Wilkes had 30,000 acres 
of Jand more than Iredell, and only eight 
counties in the State could show more land, 
yet Iredell returns larger taxes on account 
of her railroads. Old man Sparks, in 
Wilkes, had a vineyard, grown up in the 
last three years, that he says is worth 
$4,000. He merely mentioned these things 
‘to show the fertility of the country for a 
' railroad, but he opposed the original bill be- 
cause there was no guarantee they would 
| complete the road to Patterson, and it also 
__preyides, on the completion of two little 
spurs to this road, that this seventy thou- 
sand dollars of four per cent. bonds should 
be surrendered to the assignees. Now the 
committee surrenderment provides this, 
+ that instead of surrendering this seventy 
' theusand dollars infour per cent. ponds on 
the completion of these two little spurs, 
that it shall be retained by the Treasurer 
until this road is built to the Wilkes county 
line, and so he claimed that the original bill 
furnished no guarantee whatever, except 
for the building of these two little short 
lines. He called the attention of Senators 
tothe fact that the seventy thousand dol- 
_ lars four per cent. bonds were were worth 
_ fifty-five thousand dollars. It would be but 
mere mockery to adopt, this original bill; 
and to pass it without the committec’s 














prospects of that country. Besides, no for- 
_ feiture of the convict labor is provided for 
at all. Suppose the company uses its main 
-. force of convictselsewhere on the roadand 
” sticks only one little crippled negro on the 
' Yadkin branch, it might get there fifty 
' years after Gebriel blows his horn, but 
» there would be no forfeiture under, the 
en pill. 

a 


a 


} 
t 
i 


x 















yr. Morehead said the syndicate did not 
ask this Senate to give them a solitary cent. 
“There is no provision in this bill that the 
“money shall be returned to the syndicate, 
but there is a provision that it shall be re- 
turned to the company. While there 








' amendments would be to destroy all the » 












has been grading done in Gt 
and Stokes and Surry counties, it ha 
not been wholly done to the State of North 
Carolina, but by the money given by the 
people of these counties, and if came with I) 
grace from the Senator representing the Yad-— 
kin Valley branch to criticise the branches — 
to Randolph and Danbury, when the Yad- 
kin Valley counties had never given a cent 
to the road, and Guilford, 8t@kes and Surry : 
had. He was for building the road to Pat, 
terson. 

Vr. Clark spoke to the majority report. — 
He favored proper guaranires, and ~ 
thought, with "1. Linney, that withoutsuch — 
there was no assurance to the people of the 
Yadkin Valley of getting the road. He 
earnestly contended that the syndicate 
should be so hedged in that they must build 
the road to Patterson. \ 

Vir. McLean spoke to his amendments 
that the convicts should not be employed 
on any branch except the Yadkin Valley 
until the road was completed from Fayette- 
ville to the South Carolina line; and again, 
that the road shall be given to the first of 
January, 1885, to be completed to the South 
Carolina line. Said he, the only way for the 
Senator from Alexander to get his road is 
to come with us and complete this line. It 
would be the best paying road in the State. 
All the work was done but six miles, and 
the iron and cross ties. He did hope, in the 
interest of his people, in the interest of the 
people of the Senator from Alexander, and 
of Guilford, and of the people of the whole | 
State, that his amendments would be 
adopted. 

Mr. Purnell said, sitting listening to this 
discussion he was reminded of instructions 
he once read in a cook-book on how to do a 
rabbit. The first thing was to catch the 
rabbit. Senators here had no business to 
give away the State’s interest. If we are © 
asked by a deliberative body to help along 
Mr. Gray and his associates, why can’t the 


| counties of Stokes and Guilford and Surry 


give away their stock and interest ? 

Mr. Morehead said they would be willing. 

My. Purnell. Put it, then, in your bill. 
Let’s see your gift first—catch the’ rabbit, 
and then we'll skin it. Why is it that you 
shut off approach to other purchasers in the 
market and only allow the present company 
to have ashare? If you have caught your 


_hare and are determined to sell, why don’t 


you sell in the open daylight, not come here 
with a bill that a syndicate of railroad ex- 
perts could not understand, and -only con 
sider the claims of the present syndicate of 
bidders? Seli it like men, in the open day- ~ 
light. I tell you, gentlemen, there is a ~ 
Grecian horse developed in this bill, and I 

cannot stand here and give away the Staie’s 

interest simply because we are asked to do — 
it. This syndicate business is one of the — 
modern improvements that has come along 










LSet tie via 














































ith sewing machines and Simmons’ Liver 
Regulator. 

Mr. Pemberton said it was important that 

this railroad should be completed, and this 
was the first proposition to complete it that 
they had ever received. This railroad would 
he of incalculable advantage to the State 
_ of North Carolina, and after examining the 
matter carefully he had come to the con- 
clusion that the road must go to sale any 
way. He wished to see the road _ built 
through the Yadkin Valley, and if this bill 
can be put in proper shape he wanted it 
' passed. He*was struck with a picture of a 
“monument down the street this morning, 

7 the whole of it representing the press, and 
' made up of Vanderbilt and Jay Gould and 
| others; so if these corporations are going to 

_ swallow everything, be sure they have their 
) eyeon North Carolina, and he was sur- 

_ prised at a native of Wilmington opposing 

“anything from natives of his own State 
looking looking to the development of our 
greatest seaport. He spoke of Fayetteville 
as the natural market of the Yadkin Valley 
counties, as it was the headwaters of navi- 
_ gation. 

Mr. Womack replied to “yr. Purnell’s ar- 
+ gument, showing the fallacy of the State’s 
' attempting to keep the road when it willbe 
' necessarily sold under the sheriff's bam- 
' mer, and the State’s interest entirely lost 
' and the road not completed, while if a sale 
) is effected to this syndicate, the road and 
» its branches will al! be completed. 

Mr. Morehead said that the speech of the 
' Senator from Wake had done the bill good 
' asit would cause Senators to examine it 
' andfind all his premises incorrect; that if 
_ they could find that the syndicate was given 
one cent, or that the stock was worth half 
» as much as the syndicate offered for it, then 
_ he would vote against the bill. 

Further discussion on the bill was post- 

pnned until eleven o’clock to-morrow, 

_ Mr. Boykin, bill concerning inspection of 

timber. 

_ Mr. Toon, bill to provide for working the 

Whiteville and Wilmington public road, in 

~ Columbus. 

"Yr. Caho, bill concerning partition in cer- 
fain cases. 

_ Mr. Neill, resolution to receive Wesley 

Jameson into the Deaf Mute Asylum. 

Mr. Ebbs, bill against obstructing fish in 
Sandy Mush creek, in Buncombe and Madi- 
son. 

Bill for levying a special tax in Curri- 
ack county passed its second reading— 
eas 39, nays none. 

Bill allowing creditors to sue in certain 
ases before their claims become due. The 
ommittee’s amendments, one of them to 
he effect that the l.w should go into effect 
1st of June, 1883 were about all adopt- 
‘One amendmeui, offered by Mr. Scott, 
kingham, to strike out “‘hisereditor” 


At its Regular Session, 1883. 





127 


and make it read ‘‘his ereditors,” was not 
accepted by the committee. Mr. Scott 
spoke to the amendment; he could not sce 
why they should hamper a creditor in any 
such way, permitting only one creditor to 
sue when a debtor is about to abscond, and 
shutting out the other creditors. 

Mr. Dortch said it would be opening the 
doors too wide; they wanted every man to 
make his oath on his own responsibility. 

Mr. Loftin thought Mr. Scott was wrong. 

Mr. Scott asked ‘’r. Dortch if any eredi- 
tor could come in and sue under the ‘‘said 
eredito1” provision except the one that the 
debtor was trying to defraud. 

Mr. Dortch said any creditor could come 
in who would make the affidavit and give 
bond. 

Mr. Scott said that he begged to differ 
with the Senator. He did not see why the 
language used in this act should be differ— 
ent from that used in the law upon attach- 
ments. The amendment was not adopted. 

Mr. Clarke offered armmendments, basing 
the affidavits on the knowledge of the party 
making them, &ec., &c., and spoke to his 
amendments. Without such amendments 
the bill was to, the damage of our mer- 
chants. 

“r. Dortch said the Senator from Craven 
evidently did not understand the effect of 
the amendments that had been adopted by 
the committee. He said this bill was 
nothing in the world but the attachment 
law with additional guarantees thrown 
around it to protect the debtor. 

Mr. Battle. said, in his candid judgment 
this was a bankrupt law of the most sweep- 
ing character. It provides for anybody 
who would make affidavit; a man without 
principle, without characrer, without morals, 
might make the affidavit, simply from a 
personal grudge, or possibly instigated by 
another, nda man’s credit and standing 
ruined. He moved to lay the whole matter 
on the table. ‘ 

On that motion Mr. Dortch asked for the 
yeas and nays.” Ordered. 

The bill was tabled—yeas 22, nays 21. 

Message from the House that the House 
refused to concur in the amendment re- 
lating to amnesty to certain parties for sell- 
ing liquor without license, etc. 

‘yr. Morehead hoped the Senate would 
insist on its amendment, and made a mo- 
tion to that end. z 

Mr. Pemberton trusted the motion would 
prevail. We’ve pardoned the kuklux, par- 
doned the Robeson county outlaws and. 
amnestied everybody else, and why not 
pardon these and let peace prevail. He 
hoped the Senate would insist on the 
amendment. It would go a long way to- 
wards quieting the prohibition troubles to 
let these men go simply on payment of 
costs. These costs are from $8 to $12 each. 

Mr. Jones—Does it include moonshiners ? 








128 

Mr. Pemberton—No, sir. I’m not ac- 
quainted with moonshiners. 'There;may be 
some up in the Senator's country, but I 
always thought there was no such thing; 
that it was 1 class of men who had been 
slandered by the revenue officers. 

Mr. Womack thought the Senate should 
insist on its amendments. It was not fair 
that the liquor dealers in the counties where 
the commissioners had refused them license 
should be put on a better footing than the 
dealers elsewhere who had paid the tax. 

Mr. Hill was for insisting on the amend- 
ments. 


Mr. McLean explained that some of the 
citizensin his county, who had received 
amnesty under the Robeson county am- 
nesty act, were the best men of the county; 
they had been outlawed by a partizan judge. 
He was afraid this Legislature was going on 
the record as the whisky Legislature. ‘The 
amendment of the Senate was fair enough, 
if not alittle too fair, and he was for in- 
sisting on it. If the Senate did not, he for 
one should hang his head in shame. 

Mr. Ramsay said he thought that cour— 
tesy required they should do the usual way 
and ask a committee of conference. 

The main question was callled. The vote 
was taken and the Senate refused to recede 
from its amendment. 

Mr. Caho got leave of absence for Mr. 
Poole after to-morrow. 

Adjourned. 


HOUSE OF REPRESENTATIVES. 
Tuurspay, February 8. 1883. 

Mr. Speaker rose called the House to 
order at 10 o’clock. 

Frayer by Rev. Dr. J. M. Atkinson of 
the city. : 

The reading of the Journal was dispensed 
with and it stood approved. 

PETITIONS 
were introduced as follows : 

Mr. Gatling, relative to the sale of liquor 
near Kittrells Church in Gates county. 

vir. Standford, from Pentler county ask- 
ing that the constitution be amended so as 
the tax paid by whites for school purposes 
shall go to educate the whites, and. that 
paid by the colored population may go tu 
educate that race. 

Mr. Stringfield, from Waynesville, asking 
repeal of probibitory laws. From same place 
protesting against the repeal of prohibitory 
laws. 

tr. Worthington, relative to the appoint- 
ment of justices. 'To incorporate the town 
of Harrellsville in Hertford county. 

Mr. Beall, relative to the sale of liquor 
near Fair Grove Methodist Church. 

Mr. Gudger, relative to the sale of liquor 
near Flat Creek Baptist Church. ; 

Mr. Wood, from liquor dealers of Lenoir 
county asking the repeal of the purchase 
tax and a modification of the license tax. 


Proceedings of the General Assembly of North Ca ap. Cree 





dleman Railroad Company. 





eg 


Mr. McLoud, from Buncombe co 
asking a change in the State tax laws. — 
Mr. Sherrill, asking for the relief of th 
sureties of Jonas Clime. Asking for | 



























ver. 
Mr. Thompson, from Swainsboro N. C.. 
asking repeal of local prohibition laws. 
Mr. Pitman, from Halifax, asking repea 
of the purchase tax. 
Mr. Johnson, of Craven, from Newbern 
N. C. asking a repeal of the purchase tax. — 
Vr. Bower, asking for a change of the 
line between Wilkes and Galdwell coun- 
ties. 


REPORTS OF COMMITTEES. 
Sundry committees reported variously 
upon the following bills. A 
To amend the law in regard to the keepers 
of the poor. For the promotion of fish in Elk” 
River in the counties of Watauga and 
Mitchell. Toamend chapter 242, laws 1876 
and 1877. To amend chapter 83, section” 
14, of Battle Revisal. 
BILLS 
were introduced, passed their first read- 
ing and were referred as follows : , 
Mr. Cheek, by request, to amend chapter 
368, laws 1881. Judiciary. q 
Mr. Hewlin, to amend chapter 175, laws” 
of 1876 and 7. Judiciary. F 
Mr. Poe, to amend chapter 248, laws 1881. 
Judiciary. 
Mr. Newell, to amend section 4, chapter 
58 of the Revised Code. Judiciary. 
Mr. Speller, for the better protection of 
the poor of the State. Propositions and 
Grievances. 
Mr. Leazer, to amend chapter 234, laws 
1881. Propositions and Grievances. 
Mr. Gudger, to prohibit the sale of liquor 
in certain localities of Buncombe county. 
Propositions and Grievances. 
Mr. Thompson, to amend chapter 234, 
laws 1881. Propositions and Grievances. ~ 
Mr. Bower, to alter the line between the 
counties of ( aldwell and Wilkes. Counties, 
cities, towns and townships. 
Mr. Smith, to change the line between 
Wayne and Duplin counties. Counties, 
cities, towns and townships. é 
Mr. Worthington, to amend section 26, 
chapter 116, laws of 1881. Finance. 
Mr. Rose, to authorize the publication of 
a geography of North ° arolina for the use 
of the public schools. Edueation. 
yr, Bunn, to amend chapter 247, laws of 
1881. Propositions and grievances. 
CALENDAR. 


The calendar was taken up and the fol- 
lowing bills disposed of: 
To incorporate the High Point an J Ran- 
Passed third 
reading. : 
Concerning pilots and pilotage. Pessed 
third reading. 




































_ Mount. 

Mr. Bledsoe read on this bill section 2, 

article 9, of the constitution. 

Mr. Bunn said in reply that this bill drew 

no distinction between the races. It was 

- oniyto submit the question of additional 

_ t»x tothe people. If they voted for it they 
_ would get the school. 
_ Mr. Bledsoe called for the yeas and nays. 

The Speaker said that the law requires 

that the yeas and nays shall be called. 

The bill then passed its second reading. 

- To incorporate graded schools in,Tarboro 

_ township, in Edgecombe county. 

_ Mz. Harris, of Wake, said that the pro- 

vissions of this bill requiring the property 

of the whites to be taxed for the education 

of the whites and of the colored for the edu- 

cation of their race was wrong and unjust. 

That he was free to admit that the negroes 

were too poor to educate their race; that 


and that he hoped they would not now take 
advantage of them on account of their 
poverty. That he was opposed to itpupon 
the higher ground of political economy. 
Mr. Tate wasin favor of general educa- 
tion, and in‘having it uniform; that the 
gentleman from Wake must not understand 
the question; that the State had levied a tax 
for general educational purposes, from 
which both races drew for their education, 
and this bill only allowed the people of this 
section to be additionally taxed to help this 
fund out. 
Mr. Sutton confessed he was dull of ap- 
prehension, but he thought he understood 
this bill, that if the white people of 
any section got together and contributed 
money for educational purposes it would 
not be'class legislation, but if the Legisla- 
ture was asked to pass a law and put it 
upon the statute S0oks he thought it would 
be. He wanted to know how the colored 
people could be educated from tax derived 
from them, when they had nothing to tax, 
that he did not have a cap to tax and the 
majority of his race were like himself. That 
if his child had to be educated in that way, 
he would be, like his father, an ignorant 
man. 
M * r. Bledsoe said that the cat in the meal 
tub was that the Democrats did not pro- 
pose to tax the white man for the education 
of the negroes. That he wanted them to 
go on record as being opposed to the edu- 
cation of the negro and in favor of class 
legislaticn. - 
“ir. Newby said that he did not think 
_ that any man in the House would be will- 
ing to see the negroes emigrate, but he 
should favor their emigration if any such 
legislation should be continued, and he 
thought they would go when such an in- 
justice was done them. 
Mr. Bridg»rs spoke in opposition to the 





At tts Regular Session, 1883. 


his race had served the whites for 200 years, - 





129 


To establish a graded school in Rocky | bill and agreed with Mr. Sutton in that 


part of his remark about the colored man 
haying been in servitude for two hundred 
and fifty years. 

This bill was further discussed by Messrs. 
Holt, Bunn, Myers, Green of New Hanover, 
and McLoud. 

Mr. Bledsoe moved to amend by haying 
the money divided pro rata as the school 
fund of the State is divided and called for 
the ayes and nayes on that amendment and 
the call was sustained. 

The amendment failed to pass bya vote 
of 65 to 39, a strict party vote. 

The previous question was called and 
sustained and the bill then passed its second 
reading by a vote of 74 to 28. 

SPECIAL ORDER 
for this hour, being a substitute for a reso- 
lution and a bill in favor of wounded ‘‘on- 
federate soldiers, was taken up. 

vy. Tate said that this was a matter of 
$75,000, that he had all the sympathy for a 
wounded Confedearte soldier that any one 
could have, that he was"one himself, though 
not covered by that bill. 
this that the House might know what they 
were doing. 

He moved to refer to the finance com- 
mittee. y 

Mr. Sherrill said that as far as he was 
concerned he was willing to be left out of 
the provisions of this bill in order that those 
of his countrymen who needed it might 
get this relief. He was in favor of the law 
of restitution; that mary of these men were 
young men, and had nothing to do with the 
civil war, but the State demanded their 
services, and in many instances they lost 
their education besides their limbs. That 
the State could not restore what they had 
lost; that nothing but the act of God to do 
that. He was willing to go on record on it 
now, but was not opposed to referring. 

xr. ¥ cLoud was opposed to reference, and 
was willing to go on record now. That 
these men had nothing to do with the war, 
but went in obedience to the callof the 
State, from asense of duty. It was the 
duty of North Carolinians to make some res- 
titution to that class of unfortunates who, 
in answer to the call of their State, became 
disabled. 

vy. Stanford was in favor of deciding the 
question now, and was ready to go on rec- 
ord. It wasadebt we owed them, and 
when they went in we promised to take 
care of them, and we ought not now to re 
fuse to help them because the flag they 
fought for went down in biood and defeat. 
He believed that the people of his county 
would be willing to pay this pittance; and 
if there: was aman in Duplin county who 
would not, he did not want his vote. He 
was in favor of coming to a vote at once. 

My.Forbis was opposed to reference—was 
ready to go on record now. He alluded to 





That he stated. 





i 
A 


SS a? ne 


a 


2 


SS es ae 






















"130 


‘the dark days of 1861 and ’62, when the 


- eall for troops was made by the State. 


Mr. Williamson said: Iam ready now to go 
upon record for this measure. While I in- 
dorse every word that has been said by the 
gentlemen from Buncombe and Duplin, 
if sucha thing were possible it would be 
one of the proudest acts of my life to stand 
upon this floor to-day and tax my children’s 
children for the support of this unfortucate 
class of men. 

Mr. Page said the question was to post- 
pone. What! to postpone relief to the men 
who went in battle and shed their blood for 
us. There ought to be no postponement, 
but the relief ought to be given or not given 
at once’; that while he had marks on his 
body of the late unpleasantness he would 
carry to his grave, that he would not come 


under the provisions of the bill, but there 


were many in his section who needed it, 
and to whom it would be a great relief. 

Mr. Robbins thought we ought to go 
slow in this matter, and thought the bill 
ought to be referred. 

itr. Powers, of Cumberland, was opposed 
to referring, and thought if there was a 
measure before this Legislature that had 


favor of deciding it at once. 

Mr. Glenn would be willing to vote for 
this bill, and then be willing to vote the 
revenue to meet it. 

Mr. Lenoir said he was one of those 
whom the act eovered, and he thought we 
ought not to act too hastily; that the 
widows and orphans made by the war 
ought to be considered. He thought it 
would be better to refer. 

Mr. Harris, of Wake, was in favor of re- 
ferring. 

The motion to refer prevailed. 

The second special order for this hour, 
being the Senate amendment to an act to 
grant amnesty and pardon to persons sell- 
ing liquor without license. Messrs. Rose. 
Powers, of Cumberland, WcLoud and 
ofhers spoke against concurrence in the 
amendment, and, upon a vole, the House 
refused to concur. 

A message was received from the Senate 
transmitting the Senate amendment to the 
pill to charter the town of Trenton. 

Mr. Page said that he favored concur- 


rence in the Senate amendment, and asked 


that the bill be immediately placed upon 
its passage. He stated that his people were 


afflicted with the awful disease of small- 
" pox, and wished some law to regulate the 
town of Trenton. 


The House concurred in the amendment. 
» | / OALENDAR RESUMED. 
Bill concerning a devise to the Oxford 


Orphan Asylum. Passed third reading. 

Mr. Simmons ‘asked to be relieved from 
- serving as chairman of the House commit- 
tee on the appointment of justices, because 





been delayed it was this one, and hé wasin 





of his heavy work on other gomn 
He was relieved. ; eure . 

To amend the charter of the town « 
Salisbury. Passed its second reading. 

To establish graded schools in the city of 
Newbern. Passed its second reading. 

To amend chapter 87, of Battle’s Revisal, 
relative to pilots for the harbor of Wilming- 
ton. Passed its third reading. ; 

For the relief of E. Kerner. 
third reading. 

To prohibit the sale of liquor in certai 
localities in the counties of Cleveland, - 
Rutherford and Gaston. Gg 

The yeis and nays were called on the 
passage of this bill, and Mr. Bailey, of 
Mecklenburg, exvlaining his vote, said that 
ordinarily he did not like to interfere with 
purely local measures, but to be consistent 
with his record prohibition, on he should 
vote aye. The bill then passed its third” 
ing. 


The House then adjourned. 


SENATE. 

. THIRTY-FOURTH DAY. 
Fripay, February 9, 1883. 

The Senate was called to order at 10 
o’clock. 
The journal of yesterday was read and — 
approved. 
Mr. Pemberton, three petitions from cer-— 
tain citizens of Big Lick, in Stanley county, 
asking not to repeal the prohibition laws at — 

ig Lick. 

wr. Clark, “emorial from the Board of 
Trade at Newbern, asking why opening a — 
public road from Quaker #ridge, in Jones, 
to Tar Landing, in Onslow, is not enforced 

bp the superintendent of the penitentiary. 
Mr. Graham, petition from citizens of © 
Montgomery, asking a repeal of purchase — 
tax. Pe 
Mr. Caho, three petitions of 431 citizens — 
of Pamlico county, against the no-fence or ~ 
stock law; and a petition from certain citi-— 
zens of the same county, asking that the 
oftice of county superintendent of public 
chools be abolished. 
Mr. Richardson, petition of certain citi- ~ 
zens of Johnston, to prohibit the sale of © 
liquor in ten miles of the Disciples church, © 
at Wilson’s Mills. q 
Mr. Webb, pretitions of citizens of Dal-~ 
las, in Gaston, against the stock law. 
Vr. Ebbs, petition of certain citizens of 
Buncombe, relative to the no-fence law; 
also citizens from citizens of Madison, ask-~ 
ing prohibition in two miles of Tapaw 
school house in Madison. : 
Mr. Pemberton, memorial from the citi-” 
zens of Troy, in * ontgomery, against the 
repeal of prohibition there. th 
vr. Loftin, bill to provide for an enclo- 
sure of iron fence around the Caswell mon- 
ument, at Kinston. re 
_ Mr. Linney, petition of certain citizens of 





































Passed its 





ADEN 


‘inhi Ae 










































the Yadkin Valley (resolutions of county 
eeting), asking to adopt some reasonable 
uarantees for the completion of the Yad- 
_ kin Valley Branch Railroad. 

Mr. Clark, bill to protect the oyster busi- 
ness of the State. 

' M2. Ebbs, bill to prohibit the sale of li- 
' quor intwo miles of Tapaw school house, 
in Vadison. i 
Mr. Richardson, bill to prohibit the sale 
of liquor in two miles of Disciples chureh, 

in Johnston. 

_ Mr. lark, resolution requesting the State 
» treasurer to inform the people how much 
) the Western road has cost the State. Also, 
' resolution asking the superintendent of the 
| penitentiary why the public road is not 
opened from Quaker Bridge, in Jones, to 
_ .Tar Landing, in Onslow county. 
Mr. Lovill asked a suspension of the rules 
and the bill to amend the act relative to the 
) Watauga and Caldwell Narrow Gauge Rail- 
» way Company was put on its readings. 
_ Passed third reading. 

Mr. Caho asked a suspension of the rules, 
) andthe bill to change the name of the 
» Edenton and Norfolk Railway Company to 
‘Carolina and Chesapeake Railroad Compa- 
) ny, restricting it to go by Williamston, 
) was put on its readings. 

The Chair announced. the hour for the 
special order had arrived, being the sale of 
» the State’s interest in the Cape Fear and 

_ Yadkin Valley Railroad. 

Mr. Morehead, for the friends of the bill, 
said they would not object to first passing 
_ Mr. Caho’s bill before considering the spe- 
© cial order. 

‘ir. Caho’s bill was read and-passed third 
reading. \ 

“r, Dortch, resolution to pay the clerks 
1 of the Code committee $4.a day, and asked 
its immediate consideration. Passed third 
| Yeading and sent to the House without en- 
/ grossment. 

). Amessage from the House stating that 

_ that body had passed a bill allowing the 
_ county commissioners to meet elsewhere 
than in the town of Trenton during the 
| prevalence of the small-pox. 

On motion of Vr. Clarke, this billwas put 
on its readings and passed the Senate. 

| The special order, the sale of the State’s 
_ stock in the Cape Fear and Yadkin Valloy 
Railroad, was resumed. 

The Chair conceived that the first thing 
was the consideration of the amendment 
» recommended by the committee. 

The first amendment was Mr. Linney’s, 
that no convicts should be employed on 
; any branch of said road except the Yadkin 
Valley branch, until the said railroad is 
completed to ount Airy and Patterson. 
And then Mr. McLean’s amendment to this, 
on ra first, fer the building of the road 

rom Fayetteville to the South Carolina line. 





its Regular Session, 1883 





| triot. 
‘honor, aid and improve ‘the land of their 








Ww rd yy  « he 7 Vuew 2 


131 


‘from Robeson would withdraw his amend- 


ment, as the effect of it would be to dig up 
the whole project. 

Mr. Payne said the bill introduced by 
the Senator from Forsyth was not a eift, 
but it was a contract with the State. 
ing can be found init that will amount to 
a gift. The consideration is a valuable one. 
It is the development and building up of the 
fairest section of the State. He desired to 
say to the amendments that in the main he 
approved of them, andif it was so arranged 
that the forty-five miles of road from 
Fayetteville to the South Carolinaline mow 
graded) could be equipped and completed, 
then he would be heartily in favor of them. 
No man can sit here and have an abiding 
interest in our legislation unless he has also 
an abiding interest in the building up of 
our waste places. He approved of the fea- 
ture that would surrender the deposit of 


seventy thousand dollars to the company 


when the road was finished to Patterson. 
He repeated that this. bill was not a gift, 
but a guid pro quo. He was thoroughly 
satisfied that if these amendments were 
adopted no longer would the cry come 
to us that these counties. had done nothing 
for the road, but they would give largely to 
its building and equipment. The demands 
of the west were just and reasonable. He 
recalled the names of Heath, the great 
jurist, and of Gordon, the soldier and pa- 
North Carolina is called upon to 


nativity. Beneath the sod of western 
North Carolina, as in sacred crypts, repose 


the ashes of men, whose virtue and patriotie 


deeds of valor make us feel proud that we, 
too, are men, notwithstanding the corrup- 
tions that degrade our race. Rich in min- 
eral wealth and in resources, lofty in pa- 
triotism and true nobility of soul, ready at 


oth-. 


all times to respond to the calls of the State, 


North Carolina in honoring this section of ~ 


western North Carolina, and in aiding in 
developing her interests, will be just, and 
do honor and credit to her own great name. 

Mr. Morehead offered a substitute for 
Mr. “cLean’s amendment to the amend- 
ment of the committee. 

Mr. “clean withdrew his amendment. 

Mr. Morehead’s substitute was adepted. 
It was: Insert after the Yadkin Valley 
Branch the words, ‘‘And the line from 
Fayetteville to the South - arolina line by 
way of Shoe Heel.” 

Another ‘amendment, giving fo June, 
1884, to work south of Walnut Cove, was 
adopted. 

Mr. Morehead offered an amendment 
after Mt. Airy and Patterson, in the last 
clause, to add the words: ‘‘If the board of 
directors of the penitentiary furnishes the 
convicts now provided by law to the said 
railway.” 


_ Mr. Linney said this amendment would a 


bo} 


mt eran gs bh) heat 1 (eau aaa 








_ Ings. 





hee 
' 


132 


cut the throat of all the guarantees and ren- 
der them not worth the paper they were 
written on. 

Mr. Morehead replied if Mr. Linney could 
that he would not insist on the amendment. 

Mr, Linney spoke at some length against 
the amendment. It looked to him that it 
put it in the power of the assignees to de 
stroy every one of these guarantees when- 
ever they had one convict less than the law 
gives them. He was alarmed at that 
amendment. 

Mr. Morehead explained his amendment. 
He said it did not begin a new sentence; it 
commenced with a little “i.” 

Mr. Linney—May Inot ask the Senator 
from Guilford if the biggest “‘if” in the 
world doesn’t commence with a little i?” 

Mr ‘orehead said the Senator might 
laugh, but he understood his position on 
this bill very well, (and had the floor on his 
amendment when the chair announced that 
the hour for the second special order had 
arrived, which, onmotion, was postponed 
till Wednesday.) 

'r. Morehead then stated that he had 
modified the amendment so as to read, ‘‘If 
the board of directors of the penitentiary 
continue to furnish convicts as heretofore 
to the said railway;” and hope 1 the Senator 
from Alexander was now satisfied. 

Mr. Clark spoke against the amendment; 
he thought it extremely dangerous, even in 
jis modified form, and he hoped it would 
not be adopted. 

(The Clerk read the amendment as mod- 
ified. | 

Mr. Linney said, don’t Senators see if they 
should fail by one convict, that it destroys 
the guarantee. Now the Senator puts the 
condition in a form that appears to be alit- 
tle milder, but that is equally as dangerous 
as it was. 

Mr. Morehead said if any Senator on the 
floor could find any grounds for the objec- 
tions of the Senator from Alexander, he 
hoped he would vote against it. The 
amendment was put to the vote. T 
Dotson asked for the ayes and nays. Or- 
dered. Ayes, 12, nays, 20; so the amend- 
ment failed to pass. 

The bill was postponed until Monday, so 
that Mr. Poole, who is absent, may be here, 
as he desires to offer a substitute. 

Mr. Payne, bill relative to the method of 
allotting dower. 

Mr. Clark’s resolution concerning the 
Western road, was adopted, enquiring how 


much it has cost the State. 


Mr. Goodwyn asked for a suspension of 
the rules, and the bill changing the term of 
the Superior Court in Halifax from two 
weeks to three weeks, was put on its read- 
The bill takes effect the ist ‘day of 
July, 1883. Passed its third reading. 

Mr. Purnell asked for a suspension of the 
rules, and the bill to incorporate the Citi- 


UL As eon gaa 


Proceedings of the General Assembly of North ¢ rol 





| the amendment. 


zens Trust Company was plac¢ 
readings. This rit is at RK 
The capital stock is $50,000. It has 
to lease warehouses and carry on the bus 
ness of warehousemen, also the power 
construct warchouses; the officers to con 
sist of a president and five directors. 
Mr. Battle said he was requested to s 
that the name of one of the incorporator; 
instead of Crawford Cooper was James ©. 
Cooper. The correction was made. ; 
Mr. Purnell explained that this company 
was meant asa loaning bank to bring capi- 
tal here and give farmers who own real es 
tate a corporation from which they could 
borrow money. “a 
Mr. Alexander and “'r. Jones objected to 
the real estate provision in it for loaning 
money. ve 
Vir. Pattle thought that provision the 
main feature of the biil. 
The bill passed its third reading. 
3ill authorizing the commissioners of 
Currituck to levy a special tax passed its 
second reading—yeas 35, nays none. ] 
The chair at 1 p. m. announced that the 
hour for the second special order had ar-* 
rived, but on motion of Mr. Scott, of 
Rockingham, the bill for the relief of to-) 
bacco raisers in Rockingham county by 
changing the times of holding the Superior 
Court, was ealled up and passed its third 
reading. : : 
Mr. Boykin got leuve of absence for the 
Senators from Chatham, Duplin, Cleave- 
land and Rockingham till-after VY onday. 
\ r, Battle leave for the Yancey and Wilson 
Senators till Tuesday. »r. Linney leave 
for the Assistant Doorkeeper tiil Tuesday. 
Mr. Loftin moved that leave be granted 
the Senate from and after to-morrow. : 
Mr. Richardson, bill to divide North 
Carolina into nine Congressional districts. 
On motion of ‘‘r. Battle the special order 
was again taken up, being the bill to regu-) 
late fishing in Pamlico and Tar rivers. This” 
bill rids the waters of the ‘*! utch nets,” so_ 
the fish could come up the waters. As Mr. 
Battle remarked, so they could get a cat 
fish now and then. A Dutch net is one 
with a flue to it and arms branching out in- 
the water. Mr. King, of Pitt, called them” 
great fish destroyers. Mir. Battle and Mr. 
King’ pressed the bill. 
Wr. Clark offered an amendment that the 
law should not take effect till after the fish- 
ing season of 1888. 
Mr. Caho said that. while he was opposed 
to the bill he would not antagonize it, but 
he thought Mr. Clark’s amendment should 
be adopted. 
Mr. Gray supported the bill and opposed 

































vy. Caho sent a petition of 150 citizens of 
Little Washington opposing the bill. He 
spoke in favor of the amendment. 
Mr. Battle held up his petitions to 


said they were as long as any 


‘Senator from Pamlico could show, and 
were anxious for the bill. He called 
revious question. Ordered. 

r. Clarke’s amendment was put to the 

The bill passed its second read- 


Tir. Gray offered an amendment, ‘‘apply- 
to all the tributaries;” it was adopted. 
The bill passed its third reading. 
_ Special order, on giving the State’s in- 
terest in the Albemarle and Chesapeake 
canal to the Newbern and Beaufort Canal 
ompany, came up. 
Mr. Strayhorn offered an amendment, 
' giving the State authorities the right to 
control toll. 
On motion of Mr. Womack the Senate 
adjourned. 


HOUSE OF REPRESENTATIVES. 
Mr. Speaker Rose called the House to or- 
der at 10 o’clock. 
Prayer by the Rev. Mr. Landreth of the 
House. 
' The reading of the journal was dispensed. 
with and it stood approved. 
NG PETITIONS 
Were introduced as follows: 
Mr. Covington, from Riehmond county, 
_ asking a repeal of the liquor purchase tax. 
_ Mr. Tate, from Morganton, asking a re- 
_ peal of the ‘prohibition ‘law for that town. 
ur. Bailey, of Mecklenburg, from Char- 
lotte, asking a repeal of the purchase tax on 
_ liquors. 
_ .#r. Thompson, relative to the appoint- 
“ment of justices. 

Mr. Riggs, by request, memorial of Wil- 
ton L. Young, claiming to have discovered a 
cheap method of constructing a safe harbor 
north of Cape Hatteras. 

"xr. Worthington, relative to the appoint- 
ment of justices. 

Mr. Brown, from Johnston county, ask- 

oe the privilege to sell liquor at Wilson’s 
ills. 
_ Mr. Temple, asking a repeal of chapter 1, 
private laws of 1881. ’ 
_ Mr. Lineback, asking that the rale of 
quors be prohibited in a certain locality in 
* Mitchell county. Asking for money to aid 
in building a road in said county. 
\y. Johnson, of Johnston, asking t*e re- 
_ peal of a prohibitory law. 
Mr. Wood, by request, asking that the 
' sale ot liquors be prohibited in certain lo- 
ealities in Pitt county. 
REPORTS OF COMMITTEES. 
Sundry committees reported variously 
upon the following bills: 
_ Resolution in favor of L. L. Howard, of 
con county. To provide for establish- 
ing a A ataire road in Onslow recut To 





In relation to the graded schools i in Wilson 
township, in Wilson county. o in 
porate Oxford Ford Toll Bridge. To in- 
corporate the Seaboard Manufacturing 
Company. To incorporate the town 
Stanton. To amend the act incorporat 
‘the Fayetteville Gas Light Company.” 
incorporate the town of “Glen Alpine. To 
incorporate the town of Rich Square. To 
charter the Thomasville and Silver Valley 
Railroad Company. To designate a place 
for comparing the vote for the twenty- 
second senatorial district. 
RESOLUTIONS. 


Mr. Tate, in favor of Alfred Williams & 
Co. Finance. 


iir. Page, resolution to adjourn sine die 
at 12m. on July 4th, A. D. 1883. Calena 


BILLS 


were introduced, passed their first naa 
and were referred or disposed of as follows: 

Mr. Bunn, to divide North Carolina int 
nine Congressional districts. Ordered to 
be printed. ‘ 

Mr. Page, to allow the board of commig- 
sioners of Jones county to change the plae 
ot holding their meeting. Calendar. 

Mr. Overman, relating to certain con- 
tracts to lease or conditionally sell railr Oa By 
stocks, &c. Judiciary. Aa’. 

Mr. Sherrill, for the relief of J. S. Brid. 
gers and others. J udiciary. 

Mr. Bunun, to declare the mother of chil 
dren in certain cases their natural guardian. 
Judiciary. 

Mr. Bailey, of Mecklenburg, to amend 
chapter 119, of Battle’s Revisal, concernin 
wills. Judiciary. 

Mr. Peebles, to provide a seal for the De- 
partment of State. Judiciary. Bhi 

Mr. Williamson, to amend chapter fits : 
Bede s Revisal. J udiciary. 

r., Williams, of Granville, to incanel 
alk fie town of Sassafras Fork. Corp 
rations. ‘i 

Mr. Sherrill, to incorporate the town of 
Conover. ‘Corporations. Je 

Mr. Smith, concerning the duties o 
Mayor and Board of Aldermen of the city 
of Goldsboro. Corporations. Mis 

Mr. Bunn, to incorporate the town ot 
Sharpsburg. Corporations. 

Mr. Peebles, to change the charter of th 
town of Edenton. Corporations. 

Mr. Wilcox, to amend chapter 234, laws 
of ee Propositions and grievances. 

. Green, of Franklin, “telative to th 
ie, of said county. Propositions an 
grievances. 

Mr. Temple, tu repeal chapter 1, privai 
laws of 1881. Propositions and grievances. 

Mr. Stewart, to amend chapter 200, laws 
of 1881. Propositions and grievances. 

Mr. Lineback, relative to the sale 


liquor, in Mitchell county. Eales oe 


and grievances. 





— 


134 


oe eS 


)) Mr. Bunn, to repeal the prohibition law 
in certain locality in Nash county. 

Mr. Williams, of Granville, to authorize 
Vance county to levy a special tax. Fi- 
nance. 

Mr. Myers, for the ‘relief of certain sol- 
» diers of the late civil war. Finance. 

; Mr. Hayes, of Swain, to authorize the 
- county of Swain to levy a special tax. 
» Finance. 

) Mr. Myers, for the relief of the blind. 
Finance. 

Wh Mr. , to authorize the eounty, of 
Person to subscribe to the capital stock of 





the Roxboro railroad company. Internal 
improvement. 
" Mr. Green, of Franklin, to amend the 


charter of the Oxford and Henderson rail- 
_ road company. Internal Improvement. 
Mr. Ball, to abolish the office of ccunty 
superintendent in the county of Madison. 
Education. 
_ Mr. Speller, to repeal chapter 62, laws of 
1881. Calendar. 
THE CALENDAR 
was taken up and the following bills were 
_ disposed of follows: 
_, Yo incorporate the town of Mebane, in 
_ Alamance county. Second reading. 
i Resolution in favor of L. Howard, of *a- 
' con county, was, on motion of Mr. Ray, 
_ taken up and passed. 

To allow the county commissioners of 
Jones county to meet in Pollocksville until 
the small-pox abates in Trenton. Third 

reading. 





To amend chapter 318, laws of 1879. 


_ Third reading. 
vy To establish graded schools in Wilson 
township. 
' ‘Mr. Bledsoe moved to lay this bill on the 
- table. 
The House refused to table and the bill 
then passed its third reading. 





a -To authorize the treasurer for the county 
_ of Green to pay Susan A. Lane. ‘Third 
-> reading. 


To repeal certain provisions of chapters 
191 and 216, laws of 1881. 
Mr. Green, of New Hanover, moved to 
make this hill the special order for next 
Thursday, and that it be printed. 
' Mr. Stanford sad that the bill merely gave 
the city of Wilmington the power to regu- 
" late the conduct of its own market; that 
' the very people of that city were in favor 
peor it. 
Bai. %essrs. Hayes of Robeson, Harris of 
- Wake, Waddell and Powers, of Cumber- 
- Jand, spoke in opposition to the bill. 
Mr. Stanford said that the people of Wil- 
» mington who had petitioned that this bill 
_ pass were large tax-payers, and were men 
i of whom anj city might be proud. In an- 
__gwer to a question by Mr. Waddell, he said 
that he knew that the gentleman (Mr, Wad- 
dell) came from that section, but he also 













elated) Oa a de 


Proceedings of the General 








ag 0 ie 


Assembly of Nort? Carol h 

































mington was about to go down in financial 
ruin, it was the men who asked for this bil 
that came to her rescue and saved her. 
That while there were some internal dis- 
sensions on this subject in the ald of Wil- 
mington two years ago, that now he knew 
of none, that the bill had been before the 
Senate and House and had passed the Sen- 
ate and not a single petition against it had 
been offered. ke hoped the bill would — 
pass now. - 

Mr. Page was opposed to the bill. s 

Mr. Bailey, of Mecklenburg, thought the — 
bill ought not to pass without being thor- 
oughly investigated; that it affected the — 
farming interest, of the country, and we © 
ought to be cautious how we passed such ~ 
bills. ' 

Mr. Williamson said: ‘‘It seems as if this — 
question has not been explained to the sat- — 
isfaction of this House, if I understand the — 
question. In1881 the market house in the ~ 
city of Wilmington (now in question) be-— 
longed to a private corporation, and the — 
city authorities and the inhabitants did not — 
think it right to be foreed to go to a market 
house owned by other corporation than the 
city. Bunt now I understand the city owns 
the market house, and as it would be more 
convenient to parties marketing to get all 
they might -want at one place, and if the — 
bill is amended go as allow all country carts - 
free of charge I willfayor the bill.” 

\ir. Thompson thought the people were 
satisfied with the present law; that there 
were no petitions from the people in favor 
of repealing the present law, but only from 
a corporation; that he was opposed to the 
bill because it forced farmers to sell their 
produce during certain houses, and because 
the people did not want it. He moved to 
lay the bill on the table, which was carried. 
He then moved to reconsider and lay that 
motion on the table, which prevailed. 

Mr. Ray moved that the day for the com- 
mencement of night sessions be Tuesday 
next, instead of * onday, which was carried. 

Mossages were received from the Senate 
informing the Souse that the Senate had 
passed the following bills, &c., which were 
disposed of as follows: 

Resolution to pay the clerks on the Code 
committee, passed third reading. 

Senate amendment to the bill for the bet- 
ter protection of crops in certain localities. 
Concurred in. 

Senate substitute for an act to amend ~ 
chapter 83, Battle’s Revisal. | oncurred in. | 

To provide for the erection of a residence 
for the Governor. Calendar. 

To authorize the town of Statesville to — 
rebond its bonded debt. Corporations. 

Senate amendment to th act to amend — 
the salary and fee bill. Concurred in. BP 

To amend chapter 32, Battle’s Revisal. — 
Judictary. — : a 


fy Yaa! bala Mag 





































To amend chapter 135, laws of 1179. Ag- 
iculture. 
For the registration of certain deeds. 
udiciary. 
Senate amendment to the act to incorpo- 
‘rate the Charlotte Cotton Vills. Concurred 
rity. ; 
To amend chapter 119, Battle’s Revisal. 
Judiciary. 
' fo amend the charter of the town of 
Charlotte. Judiciary. 
or the better’ protection of landlords. 
Judiciary. 

_ To incorporate the Shelby Baptist Female 
' College. Corporations. 
To amend chapter 64, Battle’s Revisal. 
_ Judiciary. 
That the Senate had refused to recede 
from its anendment to the bill to grant 
' amnesty and pardon to persons selling 
liquor without license. 
| Mr. Bailey, of “ecklen»urg, moved to 
_ appoint a committee of conference, which 
- was adopted. 
a OALENDAR (resumed. ) 
Vill for the benefit of mechanics and la- 
' borers. 
| Mr. Forbis wis in favor of passing the 
' bill and letting the Supreme Court pass 
' upon the constitutionality of it. He thought 
_ it was our duty to give relief to the farmers 
' whenever we could. He hoped the bill 
_ would pass. 
' Mr. Overman was opposed to the bill upon 
' the ground that it was unconstitutional. 
' Mr. Bunn was opposed to it because he 
_ thought it was unconstitutional, and that it 
' would work harm tothe very class of men 
" it propose’ to help, in that it would cause 
them to rely on alaw that was unconstitu 
tional. He thought that if it should be de- 
eided to be constitutional, then he warned 
' the House that it would be but the entering 
' wedge to destroy the homestead exemp- 
' tion, for soon first one class and another 
- would demand that the rights which were 
' granted to one class of our citizens should 
' be given to them, 
Mr. “\cLoud was opposed to the bill be- 
) cause he thought it was unconstitutional, 
_ and that if if was passed and held to be con- 
‘ stitutional by the courts. it wreuld destroy 
the homestead and ali exemptions. 

r. Holton wasinu z.vor vf allowing the 

laborer to enforce his lien by executiod. It 
would be beneficial to both the laborer and 
‘the man who had the work done; that lt 
weuld enable the foreman to get his money, 
and the latter to extend his credit. Hewas 
in favor of this bill. 
Mr. Sherrill moved to amend by inserting 
ihysicians; said that the physicians had 
een writing to him for relief, and he could 
ee none for them, unless they took a lien 
m the patient—and he wanted it to be a 
nale patient at that. He thought they 
come in on this bill. 


} 
At its Regular Session, 1883. 








Mr. Harris, of Wake, moved to postpone, 
and make if the special order for next 
Wednes tay night. 

Mr. Forbis was opposed to postponing. 

Mr. Sherrill, said: ‘‘Idid not expect to 
say anything on this bill, and at first 
thought I would favor it, but see it is too 

xoad in its sweep. The gentleman from 

Guilford alludes to farmers; as far as that is 
concerned, if [have any profession, it is 
that of afarmer, having served at it until I 
lost my leg. Isee no protection in this bill 
to the farmer, only a class who have the 
lien law now, and, I am willing they should 
have the time extended to two years, so 
that they may be well protected, but this 
law allows the constable, as has been well 
said, to sell eventhe ware from the poor 
man’s table, while the rich man asks such a 
law no odds. If it give protection to the 
farmer I would favor it; moreover it is 
unconstitutional.” 

Mr. Barrett, moved to amend so as the 
billshould only apply to Guilford county. 

Mr. Bower was opposed to the bill on ac- 
count of its being unconstitutional,and{end- 
ingto divest the homestead exemptions. 
tie moved to levy on the table, which was 
carried. 

To repeal chapter 62, laws of 1881. 

Pending the consideration of this bill, the 
House adjourned. 

SENATE. 
THIRTY-FIFTH DAY. 
Sarurpay, February, 10th, 1883. 

The Senate was called to order at 10 
o’clock. 

Prayer by the Rev. Dr.’ Marshall. 

The journal of yesterday was read and 
approved. 

Mr. Morehead, memorial and petition 
from the North Carolina nurserymen’s As- 
sociation, relative to the railroad commis- 
sion, and the unjust discrimination in 
freights and asked its readings. It was 
read. 

Wr. Jones, petition from certain citizens 
of Henderson county, praying prohibition 
in one mile of school house No. 2. 

Bill to prohibit the sale of liquor in one 
mile of school house, No. 2, in Henderson 
county. 

Mr. Payne, bill to establish 
school in the town of Vionroe. 

Bill to facilitate construction of the New- 
bern and Beaufort canal company, came up 
as the unfinished business of yesterday, and 
the Chair stated that the amendment of the 
Senator from Orange was the pending ques- 
tion. 4 

Mir. Caho asked the Senator from Orange 
to withdraw that amendment. He said the 
matter of toll was provided for in the char- 
ter of the company. To amend the bill 
now would delay it by sending it back to 
the House, and that was their only objec— 
tion to the amendment. 


a graded 


185 


136 


Mr. Strayhorn said since further investi- 
gation, he had found that the charter of 
this company was granted in 1872, and un- 
der the provisions of the constitution, was 
subjected to the action of the Legislature, 
»3 to rates of toll; that he had offered the 
uinendment as a precautionary measure, 
but being satisfied that it would only delay 
action and its purpose was already provided 
for; he would with draw it. Bill passed its 
third reading. 

Mr. Battle asked a suspension of the 
rules, and the bill for relief of the sheriff 
and treasurer of Warren county, was 
placed on its readings. Mr. Pattle ex- 
plained the bill. It passed its third read- 
ing. 

The Chair announced the Senator from 
Harnett, and the Senator from Stanly, as 
the Senate branch of conference on the res— 
olution of amnesty to certain liquor deal- 
ers. 

Bill for the protection of farmers, by the 
appointment of tobacco weighers. yr. Co- 
zart’s bill. 

Mr. Strayhorn asked for a postponement 


_of the bill until next Wednesday. 


Mr. Jones offered an amendment to pre- 
vent aring being formed by the weighers 
and the warehousemen. 

Mx. Cozart accepted the amendment. 


- Mr. Jones said he had many let- 
ters. from the tobacco section that 
rings and combinations were being formed 
against them in the weighing of tobacco ; 
there should be protection for them in 
weighing as much so as for the cotton plan- 
ters, and he could see no necessity for post- 
poning unless there was serious cause, and 
he asked the Senator from Orange if there 
was such cause. 


Mr. Strayhorn replied he was not opposed 
to the bill, but the Durham tobacconists 
preferred a general inspection of tobacco 
for each town, and he would prefer a better 
bill if he could get it. 

Mr. Pemberton said the Senator from 
Forsyth was sick at home. He felt an in- 
terest in this bill, and he would like to see 
it postponed till his return. 

Mr. Jones insisted on passing the bill. 

The bill was postponed to next Wednes- 
day. 
f ill to incorporate the Hoffman and Troy 
Railroad Company. ir. Graham’s bill. 
Passed third reading. 


rill to create a sinking fund for the 
county of New Hanover. Mr. Scott ‘ex- 
plained the bill, and offered an amendment 
increasing the number of commissioners to 
five and bonding them double the amount 
turned over to them. The bill passed its 
second reading. 

sill to incorporate the North Carolina 
Fish Oil and Guano Company, passed its 
third reading. 


7 


Proceedings of the General Assembly of North 





i 
nt. 


arol na, ’ me 




































Bie: 
Bill concerning a plan of Wilmington 
passed its third reading. , ae 


Bill to change the time of holding the 
courts in the oth judicial district. Mr. 
Jones explained the bill. It enabled the 
Judge to get back to the west before the 
cold weather. The bill passed its third 
reading. : 
Bill to repeal certain local prohibition 
laws in the county of Perquimans, passed 
its third reading. ¥ 
Bill to define and punish lobbying; by Vr. — 
Pemberton. Lobbying is defined to be any 
personal solicitation of a member of the 
General Assembly of this State ge 
session thereof, by private interview, or by 
letter or message, or other means and ap- 
pliances not addressed solely to the judg 
ment, to favor or oppose, or to vote for or 
against any bill, resolution, report or claim 
pending or to be introduced in either branch 
thereof, by any person who misrepresents 
the nature of his interest in the matter to — 
such member, or who is employed for a con- — 
sideration by a person or corporation in- ~ 
terested in the passage or defeat of such 
bill, resolution, report or claim, for the 
purpose of procuring the passage or defeat — 
thereof. But this does not include such 
services as drafting petitions, bills or reso- 
lutions, attending to the taking of testimo- 
ny, collecting facts, preparing arguments 
and memorials and submitting them orally 
or in writing to a committee or member of ~ 
the General Assembly, and other service of — 
alike character intended to reach the reason 
of the legislators. 
It provides for punishment in the peni- 
tentiary not less than one, nor more than 
five years. 
‘ry. Loftin moved the bill be recommitted. 
Mr. Pemberton hoped it would not be — 
done; we were fixing a new code now, and 
the idea if at any time hereafter a man pro- 
poses to put a Jaw through and makes a ~ 
false statement to any member of the Leg- 
islature about it, then it makes him a lob- — 
byist and punishes him; it is the exact copy — 
of a Georgia statute. q 
Mr. Black thought the bill should be 
postponed rather than recommitted; hesaw — 
no necessity for such a law, and it seemed — 
rather a reflection to put it on the statute ~ 
book: He moved it as a special order to 
next Thursday. 
Mr. Jones thought it a good law; it would 
be arelief to the Legislature if nothing else — 
o keep these lobbyists away. He hoped it 
would pass. 
Mr. Black’s motion to make it special 
order was voted down. 
Mr. Loftin said gentlemen frequently — 
came here to give their views on subjects 
they desired legislated on, and it would” 
embarrass ail such;of course if theré was an 
attempt at bribery of any Senatog his very 
manhood would resent it, and so he con- 

















sidered it an iniquitous bill and hoped it 
would go back to the judiciary committee. 

Mr. Pemberton replied that the bill did 
not strike at bribery, but to prevent false 
representation of members. 

Mr. Black said if it was merely false rep- 
resentation to members the bill was after, 
hie was in favor of it; but he did not so un- 
derstand it, and he hoped if would be re- 
committed. 

Mr. Alexander said the nature of the bill 
was merely to prevent false statements 
from lobbyists to members and to put it on 
the same grounds exactly as getting . goods 
under false pretences; he had known lob- 
byists himself to conceal the facts in rep- 
resenting their matters for legislation. He 
hoped the bill would pass. 

Mr. Mebane said if the bill was such as 
the Senator from Mecklenburg said, he 
would vote for it; he asked the reading of 
the bill. 

Mr. Linney said from the reading of the 
bill he was satisfied it could not convict a 
man even was he guilty; it had a gap 
through which a thousand oxen could pass; 
there was an infirmity in it that ought to be 
cured, and it should be recommitted. 

Mr. Pemberton said the Senator from 
Alexander had drawn a very fine sight on 
the bill for shooting wide of the mark, not- 
withstanding it was a very fine bead. 

Mr. Linney asked if any man could be 
convicted under the bill who did not mis- 
represent his own interest ? 

Mr. Pemberton said yes, he could; that 
the bill was the exact copy of a Geéorgia 
statute that had been in force for years. 

Mr. Loftin asked the ayes and noes on 
his motion to recommit. Ordered. The 
Senate refused to recommit-—yeas 10, noes 
18. 

Mr. McLean offered an amendment to the 
effect that the party making the misrepre- 
sentation did so knowingly and wilfully, 
etc. 

Mr. Strayhorn’ said under that amend- 
ment aman couldn’t well be convicted in 
the courts, for how is a man’s guilty 
knowledge to be proved? 

The vote was had on the amendment. 

Not a quorum yoting. The amendment 
failed. 

Mr. Carter amended that it’should apply 
to the lobbying at the hotels. Lost. 

Mr. McLean called for the ayes and noes 
on the passage of the bill, Ordered. Ayes 
26, noes 5, so the bill passed third reading. 

Bill to create sinking fund for the county 
of New Hanover, with amendment increas- 
ing the number of commissioners to five 
and bonding them in double the amount 
_transterred to them, passed its third read- 
ing. 

“r. Mebane, bill to repeal chapter 62, 
laws 1881. 
Bill to change the time of the Superior 


At its Regulur Session, 1883. 





137 


Courts for Gaston, Rutherford, Cleveland 

and Polk counties, passed its third reading. 
Bill to amend laws 1881, chapter 188, 

section 10, passed its third reading. 

; nee one bill to amend chapter 165,laws 
iu-l. ; 

ill to establish a Norma! school in Mon- 
roe, in Union county, passed its third read- 
ing. 
bill to incorporate St. James Parish, in 
Wilmington, passed its third reading. 

Bill to provide for local assessments in 
aid of public schools, passed third reading. 

Bill to incorporate St. John’s Mechanical 
and Agricultural Association, of Cabarrus 
county, passed th'rd reading. 

Bill to amend chapter 78, acts of 1881, 
passed third reading. 

Billyfor Halifax county to fund its debt 
and levy a special tax, passed second read- 
ing, ayes 26, noes none. 

Bill to amend the law relating to the Sal- 
isbury graded school, passed third reading. 

Bill to incorporate the trustees of Fess’ 
Chapel, in Lincoln county, passed third 
reading. 

Bill to prevent the felling of timber in 
Ararat River, in Surry county, passed 
third reading. 

fillto empower Dare county to levy a 
special tax, passed second reading, ayes 
26, noes none. 

Bil to regulate the killing of wild fowl in 
Currituck county passed third reading. 

Mr. Mebane asked a suspension of the 
rules, and the bill to repeal chapter 62, laws 
of 1881, relating to killing cattle in Bertie 
county, passed its third reading. 

The Senate then adjourned. 

Norr.—Bill to repeal the purchase tax 
upon liquor. The committee having re- 
ported this bill unfavorably, r. Alexander 
explained that this whole matter was now 
before the finance committee, and would be 
reported in the general bill. ‘ 

Mr. Strayhorn said that it was a matter 
of great importance, and he was in favor of 
a modification of the law as it now stands. 
That upon the representation of the Senator 
from Mecklenburg, the matter would 
be brought forward in the general act; he 
would ask that the bill be postponed indefi- 
nitely, which motion prevailed. 


HOUSE OF REPRESENTATIVES. 
SarurDAY, February 10, 1883. 

Fouse called to order at 10 o’clock by 
Mr. Speaker Rose. 

The reading of the journal was dispensed 
with and it stood approved. 

PETITIONS 
were introduced as follows: 

Mr. Standford, from citizens of Pender 
county, praying that the constitution be so . 
amended as to allow the tax paid by the 
whites for educational purposes to go to 
the education of the whites, and that paid 





138 


by the blacks to the education of the blacks. 

Mr. McAllister, asking that Cabarrus 
county be allowed to levy a special tax. 

Mr. Stringfield, petition against the amend- 
ment of the act for the sale of the W. N. C. 
i R./Oo. 4 

.r..Overman, from liquor dealers of Sal- 
isbury, asking relief. 

Mr. Newell, from Bladen county, asking 
the repeal of liquor laws. \ 

Mr. Turner, from Moore county, concern- 
ing tax. 

Mr. Stewart, asking a repeal of the pur- 
chase tax.| 

Mr. Rose, asking a repeal of the purchase 
tax on liquor dealers. Asking for an ap- 
propriation for the State Guard. 

Mr. Patrick, from Columbia, in Tyrrell, 
county, asking the repeal of the local pro- 
hibition law as far as it relates to Columbia. 

REPORTS OF COMMITTEES. 

Sundry committees reported variously 
upon the following bills: For the protection 
of landlords. To amend chapter 175, laws 
1876 and 7. To incorporate the Grand 
Council of the American Legion of Honor 
of N.C. To incorporate Elmwood Ceme- 
tery Association of Enfield. To amend 
chapter 242, laws 1881, for the encourage- 
ment and support of the State Guard. To 

-amend chapter 58, of the Revised Code. 
To amend chapter 111, Battle’s Revisal. 
To make it a misdemeanor for contractors 
not to pay their employees. For the relief 
of John H. Cox, late sheriff of Perquimans 
county. Relative to the sale of liquor at 
Long Branch Church in Robeson county. 
T'o form a new county called Richland. To 
establish a Free Bridge across the Cape 
Fear River in Cumberland county. To 
amend chapter 268, laws 1881. To provide 
an official seal for the Department of State. 
To declare the mother of children in certain 
eases their natural guardian. To amend 

, the law concerning the probate of wills. 
Substitute for an act to allow Swain coun- 
ty to levy a special tax. To amend the act 


_) for the relief of the blind. An act supple- 





j 
, 
‘ 
: 





‘N 


4 


mental to an act to incorporate Newton 
cotton mills. To authorize Vance county 
to levy a special tax. 

BILLS 
were introduced, passed their first reading 
aud were referred and disposed of as fol- 
lows: 

Mr. Riggs, to amend chapter 83, of Pat- 

tle’s Revisal. Fish interest. 

Mr. *:cAllister, to supplement the com- 

mon school fund. Education. 

Mr. Overman, to incorporate the Immi- 
rant Land and Mineral Company, of N. +. 
orporations. ¢ 

Mr. Hayes of Swain, relating to the mar- 
riage of Indians. Judiciary. 

 r. Landreth, to rsstore to the people the 

right of local self government. Judiciary. 

Mr. Hayes, of Swain, relating to the sale 








of liquor in Swain county. Propositi 
and Grievances. y 

Mr. Patrick to amend chapter 4, laws 1 
Proposition and Grievances. ? 

Mr. McAllister, to authorize Cabs 
county to levy a special tax. Finance. : 

Mr. Peebles, to authorize Warren county 
to levy a spgcial tax. Finance. a 

Mr. “cCurry, to authorize McDowell to 
settle its debt. Finance. a 

Mr. Worthington. To authorize counties, 
cities,{towns‘and townships to subseribe-to 
the stock of the Albemarle and Raleigh R. 
R. Co. Internal improvements and ordered 
to be printed. 

Mr. Standford, to repeal chapter 191, laws — 
1881 and chapter 216, laws 1881. Corpora-. 
tions. . 

Mr. Barrett; to incorporate the town of 
Bell’s Ferry. Corporations. 

Mr. Green, of Franklin, to incorporate 
the Central Institute for young ladies. ~ 
Corporations. " 

Mr. Peebles, to incorporate the Albemarle 
and Roanoke Railroad Company. Corpo- — 
rations. 

Mr. Stringfield, to build a turnpike road 
in the counties of Haywood, Jackson, Madi- — 
son and Transylvania. Railroads, post roads 
and turnpikes. 
































THE CALENDAR 
was then taken up and the following bills — 
were disposed of as follows: 

Resolution to appoint additional mem- 
bers on the committee on privileges and — 
elections. Passed. 

Mr. Robins read a postal for the ~ 
information of the House as to the con- 
tinued absence of Mr. Liles, from his physi- 
cian, stating that he was unable to return 
to Raleigh at present on account of sick- 
ness. : 
Mr. Stanford moved that the calendar be 

placed at the disposal of the Speaker for the 
day, which was done. 
To repeal chapter 62, laws of 1881, re-— 
lating to the stock law in Bertie county. 
Mr. Worthington said that he hoped this 

bill would be voted down; that he intro- 
duced the bill two years ago which this bill 
proposed to repeal; that there was an ur- 
gent need for it at that time, and from his 
knowledge of Bertie county at that time 
and since, he knew it to be needed there 
now for the protection of the owners of 
stook. J 
~That if the gentleman from Bertie would — 
amend the law so as to make it apply to © 
the county of Martin, or to the State gen- 
erally he would vote for it. 
Mr. Speller said that all he asked for was 
justice; that he did not want it to go forth 
to the world that the people of Bertie coun- 
ty were more roguish than the people of 
any other county. That in 1882 artin: 
county sent 7 convicts, to the penitentiary, — 
or one for every 1,448 of its inhabitants, and 


’ 







Bertie sent 8, one for every 2,000 of in- 
habitants. Mr. Ray asked him if the con- 
victs sent from Martin county were cattle 
thieves? Mr. Speller said that did not 
make any difference; that stealing was stevl- 
ing and that noone would pass a law to 
punish the stealing of cattle alone. He 
did not desire to increase the facilities for 
_ stealing in Bertie. 

Mr. Worthington said that he did not 
_ impugn the character of the good people of 

Bertie county for he had been among them 

all his life and he knew them to be the 

purest people of any county in the 

_ State, but he knew this law to be necessary 

for the protection of the owners of stock in 

that county and he hoped the bill would 
not pass. 

Mr. Harris, of Wake, thought that the 
penalty of $10 was sufficient for their pro- 
tection, and the gentleman from Bertie 
only asked that the law be repealed so that 

_his county be not advertised to the world as 
a county of thieves. 

Mr. Peebles said that he knew from his 
practice of law in Rertie county that a $10 
penalty could not be collected out of one 
in ten of the voter$S who sent the gentleman 
from Bertie here and that the suggestion 
of the gentleman of Wake would afford no 
remedy to the owners of stock. 

Mir. Barrett thought the owners of stock 
would have sent petitions if they had 
wanted this law repealed. He moved to 
table, which was carried. . 

To establish graded schools in Rocky 
Mount. Passed third reading. 

To amend the charter of the town of 
Salisbury. Passed third reading. 

To incorporate the town of Mebane in 
Alamance county. Pased third reading. 

MESSAGES 
were received from the Senate informing 
the House that the Senate had passed the 
following bills : 

Senate amendment to an act to change 
the name of Edenton Railroad. Concurred 
in 


ft Sea a ee ee 


ee ee 


ee ee ee 


eS. 


For the relief of the Farmers of Rock- 
ingham county. 

o amend charter of the Watauga Narrow 
Guage Railroad. 

Senate amendment to theact to amend 
the law regulating fishing in Pamlico and 
Tar Rivers. Concurred in. 

To incorporate the N. C. Fish Oit and 
Guano Company. Corporations. 

That the Senate had appointed as a com- 
mittee of conference, Messrs. Pemberton 
and Morrison. 

GALENDAR (resumed. ) 

To establish a graded School in Wilson 
county. 

Mr. Phillips said that he had been re- 
uested several days ago by republicans to 
Ip along several bills of this nature. That 
other day it was charged by a republi- 


a ee ee eee 


oe One 










o>: 


At its Regular Session, 1883. 


eS Ee 


139 


can on this floor, that there was a cat in the 
meal tub that the republicans! had put it 
there. 

Mr. Bledsoe said that there were con- 
stitutional objections to this bill and 
charged upon the democratic party that 
in every bill of this nature where the re- 
publicans were in a majority it was sub- 
mitted to the whites as to whether they 
should be taxed to educate the whites, and 
to the blacks to educate the blacks, but in 
the counties where democratic party were 
in the majority it was submitted to the 
whole people. He charged that the demo- 
cratic party intended to make it an issue in 
the next campaign. 

Mr. Peebles said that for 15 years the 
white people of this State had given to the 
backs 95 per cent. of the money derived 
from taxing themselves for educational 
purposes. But was it any wonder that 
when they saw as a fruit of that education 
the blacks sending the gentleman from 
Wake here to represent them, that the 
whites should be tired of contributing to 
them for that purpose when they saw such 
a result. - 

Mr. Bledsoe in reply said that he was 
elected by the largest vote of any man in 
ten years, and that he represented the ma- 
jority of his people and not the minority, 

Mr. Holt said the gentleman from Wake, 
(Mr. Bledsoe) was a great champion of 
schools, and asked him what became of the 
six hundred thousand dollars of that fund 
the republicans had squandered, That if 
what he said about the democratic party 
making thisa plank in their platform in 
84 was true that the democratic party must 
be the most corrupt party on earth, jfor it 
would be contrary to the constitution of 
N. C., and the U. S. He paid his taxes 
cheerfully for the education of both the 
white and blacks. He thought it ill be- 
cause the gentleman with the record of his 
party in squandering the school fund to 
charge that the Democratic party was a 
mass of perjurers. 

Mr. Powers, of Cumberland, thought it 
was not a party question ; that no man in 
this house stood by party more than he did; 
that he had heard constitutional questions 
raised until he was sick of them; for they 
were raised by those who knew no more of 
them than he did. He should vote for the bill. 

Mr. Bunn said that while the gentleman 
from Wake (Mr. Bledsoe) might represent 
his people by the largest majority that any 
man ever had in ten years, he was glad 
that he did not represent this House, and 
that he represented the smallest minority in 
his own party that any man ever had; that 
the vote showed this, for there were but 
five votes against any of the bills; that the 
sventleman from Wake either intended to 
deceive the House or knew nothing of what 
he was talking about; that he was willing 





140 


to submit this question to his people if the 
gentleman from Wake was not; that the 
gentleman spoke of the constitution—a 
thing he knew as much about as the eagle 
that flejy over the Rocky Mountains. 

Mr. Peeblees said that the gentleman had 
use| the term minority in reference to him 
and he was glad he had, that it ill-became 
him to say whether he had received a ma- 
jority of legal votes or not, but he was sorry 
that the gentleman so far forgot himself as 
to allude toa matter in which he would 
have to sit as a juror; that such conduct in 
a court of justice would exclude him from 
serving in any such capacity. 

Mr. Bailey, of Wilson, called for the pre- 

_ vious question, and the call was sustained 
upon a vote being had. The bill then passed 
its third reading, 

To establish graded schools in Tarboro 
township, Edgecombe county. Passed its 
third reading. 

To amend chapter 284, laws 1881, relating 
to the sale of liquor near Littleton depot, 
N. C. Passed its third reading. 

To amend the charter of the Watauca 
Narrow Guage Railroad. Referred. 

Senate amendment io the act to pronibit 
fishing in Yadkin river. Concurred in. 

Senate substitute to an act to prevent the 
erection of artificial islands in the navigable 
waters of the State. Concurred in. 

Senate amendment to the act to establish 
the dividing line between the counties of 
Harett and Johnston. Not concurred in. 

To designate a place for comparing the 
vote Senator in the 22d district. Third 
reading. 

To prevent the removal of a joint fence. 
Third reading. 

To incorporate the Weldon and Garrys- 
burg Toll Bridge and Ferry Company. 
Third reading. 

For the relief of W. Flow and others. 
Third reading. 


To charter the Thomasville and Silver 
Valley Railroad Company. Third reading. 


To incorporate the Southern ¥# ining, 
Smelting and Manufacturing Company. 

Mr. Hayes, of Robeson, wanted to know 
what privileges this bill conferred; that if 
he ever saw an omnibus bill this was one; 
that it gave them all the rights ever heard 
or thought of, and he asked to have it ex- 
plained; that every privilege that could be 
conferred by the State was conferred by 
this bill. 

Mr. Bailey, of Mecklenburg, said that it 
asked for nothing more than usual, and 
then explained the bill. 

The bill then passed its second reading 
and was informally passed over. 

_ To amend the act InpeEperahns the Fay— 
etteville Gas Light Company. Informally 
passed over until Tuesday next. 

To incorporate the town of Wilson’s Fac- 


Proceedings of the General Assemb 





SD ie Mi 
iy 
ih agly).t 


ly of Norbh Car 


tory, in Gaston county. Passed 
reading. , : 
To amend the charter of the town 
Asheville. Passed third reading. 
To amend the landiord and tenant a 
Passed third reading. > 
To incorporate the Centurion Benevoler 
Society. Passed third reading. ’ 
For the protection of fish in Neuse an¢ 
Trent Rivers. Passed third reading. | — 
To protect sheep in ¥adison and Swair 
counties. Pending the consideration of 
this bill the House adjourned. 


SENATE. 
THIRTY-FIFTH DAY. 
Monpay, February 8. 

Senate called to order at 10 o’clock. 

Journal read. 

Mr. Ebbs, petition from citizens of Madi 
son, asking to be allowed to levy a special 
tax. 

Mr. Pinnix, petition from citizens of Da- 
vidson, praying the repeal of the license 
tax. 

Mr. Caho, petition from Lightwood Creek — 
Canal Company, of Hyde county, asking an 
extension of their charter; also a petition 
from citizens of StoneWall, asking for an 
amendment of their town charter. 

Yr. Morehead desired to announce that 
Mr. Watson, of Forsyth, was not in his seat 
this morning, on account of protracted ill- 
ness. 
‘ r. Linney, bill to provide for the speedy 
trial of causes in the superior courts; also a 
bill to facilitate the prosecution of accesso- 
ries before and after the act to felony. 

‘r. Ebbs, bill to levy a special in the 
county of « adison. : 

vr. Morehead, bill to incorporate the 
Palmer Island Club. 

‘ r. Whitford, bill to prevent the running 
at large of live stock in certain parts of Cra- 
ven county. 

‘x. Jones, resolution in relation to the 
Western North Carolina Railroad Company. 

Mr. Ebbs, bill to authorize commissioners 
of » adison county to open a public road 
and asking convict labor. 

Mr. Caho, bill to charter Lightwood 
Creek Canal Company, in Hyde; also bill 
to amend charter of town of Stonewall. § 

yr. Pemberton, resolution to facilitate 
the dispatch of business in the Senate; also — 
a bill to prohibit the sale of liquor in one 
mile of Big Lick Academy, in Stanly 
county. 

Mr. Pemberton asked to reconsider the 
vote by which the bill to provide for local 
assessments for the public schools passed 
its third reading, on Saturday, and then its 
second reading ; it was so done and the bill - 
placed on the calendar. 

ivr. Jones, with consent, called up his — 
resolution in relation to the Western North 
Carolina Railroad Company. vw 




































Kia aid Seas 


Ny ar 











































(ir. King, of Cherokee, offeree an amend- 
, Which was adopted. 

. Alexander said he simply rose to ask 
why this information could not be had from 
the Governor as the chairman of the com- 
mission, as in that way it could be gotten 
ithout expense to the State. 

Mr. Jones said because there were matters 
inquired of by that resolution that were not 
the knowledge of that commission. 

Mr. Alexander replied that they ought 
st to call oh the Governor for that infor- 
“nation, as the conimission had been ap- 
' pointed to that end. He submitted it- was 
not treating them with the proper courtesy 
and respect how to go outside of them to 
inquire into the transactions of the road. 

' Mr. King, of Cherokee, insisted on the 
resoiution. He thought it but a matter of 
_ justice to the people to know whether the 
money from the mortgage bonds of that 
road had been expended for the road or for 
foreign corporations before they were called 
‘upon to legislate. 

__ Wr. Jones insisted on his resolution, and 
that no discourtesy was meant to the com- 


¢ Loftin thought the resolution a 
proper one, whether it reflected on Governor 
Jarvis, Governor Vance or Governor any- 
' body else. He thought it should be adopted. 
'. Mr. Linney thought the resolution would 
/involve two or three extra sessions. He 
thought it too much for the time we had to 
_ do the work in this session. 

| _ Mr. Jones said if it caused an extra ses- 
‘sion let it come. 

» Mr. Linney asked what light the resolu- 
‘tion would throw on legislation as to the 
Sale of the road. 

“r. Jones replied they expected to show 
that the net income of the road was enough 
fo build it of itself to Ducktown. 

Mr. Alexander. again insisted that it 
ould not be treating the commission with 
the respect that was due them, though he 
declared he was not against the investiga- 
tion itself. 

) Mr. King said he would cite an instance 
for the Senator from Alexander were the 
ntormation was important. The bonds as 
sued upon this road have the clause of re- 
friction as imposed by the statute on 
‘their face. The legislation sought had the 
/eifect to make them valid whether the con- 
itions were complied with or not. Turn 
lé lights on that this body may vote intel- 
gently. 

Mr. Jones amended his resolution; ‘Pro- 
ded that the committee be first required 
inguire of the Governor as chairman of 
commission.” The resolution was 
pted. j 

ill to incorporate King’s Mountain High 
ool passed third reading, 

Pemberton’s bill came up as special 
ing the Attorney General of 


a 


BA 
iY 
i 


At its Regular Session, 1883. 








the State to appear for and defend citizens — 7 
of the State who are indicted inthe United 
States Courts for violation of electionlaws — 
when solicited so to do by such citizens. 
Mr. Pemberton spoke to his bill. He said — 
it was but a manifesto to the voting people 
of the State that whenever they were un- © 
justly indicted in the Federal courts their — 
S.ate would have its officersee justice done 
them. 

Mr. Scott, of New Hanover, said if the 
Senator from Stanly would amend the bill 
somewhat and change its title to a bill to 
prosecute violators of election laws he 
would support it. 

Mr. Strayhorn thought the bill unwise, in A 
that it brought into conflict the State and 
Federal authorities. He thought it ik © 
advised. a 

Mr. Pinnix opposed it for the same 7 
reasons. 

Mr. Womack, for the judiciary commit- 
tee, said—to say nothing of the other views 
of the committee’ against it, they did not ~ 
think the Attorney General had the time to | 
be running all over the State attending to 
these little election disputes. 

Wir. Linney said there was a disposition 
on the part of many Sénators to fight fire 
with fire. Some of the good books taught 
that even anger, with good excuse, was 
almost justified, and he was nearly ready to 
vote for the bill, but couldn’t exactly make 
up his mind to do wrong because the Fed- 
eral Courts did wrong. ) 

Mr. Boykin said for the committee, that 
the committee reported this bill adversely 
with great regret. The evil which the bill 
undertook to correct was apparent, but this 
was not a practical way to remedy it. There 
were certain duties incidental to citizenship 
which every citizen is compelled to perform , 
for the publie good. If the citizen violates 
any law in the performance of any of these 
duties he violates the law as an individual : 
and not as an agent of the State. The bill 
is unfortunate in that it will arouse a spirit 
of antagonism between the State and Fed— 
eral government. The Attorney Generalis > 
required to perform certain duties for the 
public. His entire time is thus consumed. 
li is not proper that he should be required 
to attend to the case of an individu. in- 
dicted, as.provided in the bill, to the neg- d 
lect of the public interests. It is the duty ~~ 
of the State to protect its citizens. How- i 
ever, it is not proper to protect one citizen Y 
at the expense of the entire population. My 

Mr. Payne said he would vote for this 
bill because here stands a statute that was a 
reproach to civilization, against the opera- 
tion of which-it was the purpose of this 
bill to protect the citizens of the State by 
giving them the aid of learned counsel in 
the employ of the State. Upon an infor- > 
mation filed in the Federal Court any citi- 
zen of the land could be dragged from his 

















<-> 











142 


home and tried without any indictment 
ever having been found by a grand jury. 
Such proceedings would, if not cheeked 
and rebuked, end in oppression to the citi- 
zen. The pendirg bill looked only to the 
protection of the liberty of the citizen. 

Mr. Scott, of New Hanover, moved to ta- 
ble the bill, and called for the ayes and nays; 
they were ordered; ayes 21, nays 12, so the 
bill was"tabled. 

Bill to increase the number of justices of 
the peace in the several townships of the 
State 

Mr. Scott, of New Hanover, asked for 
the ayes and nays. Ordered; ayes 19, 
nays 14, so bill passed its second reading. 
This bill adds two to each township and 
has passed-the House, 

Mr. Scott, of New Hanover, offered an 
amendment onthe third reading, that the 
increase be elected by the vote of the people 
of the townships. He spoke to his amend- 
ment; he wanted to see the people smile one 
time in thinking one time they had been re- 
stored to the full rights of suffrage, 

Mr. Whitford hoped the bill would pass. 

Mr. Mebane was in favor of an increase, but 
he should vote for the amendment of 
course, but if that failed, he should vote for 
the bill. 

Mr. Scott, of New Hanover, asked for the 
ayes and nays on his amendment. 

Mr. Boykin said without touching upon 
the merits of the case at all, if the amend- 
ment was adopted, it would make the bill 
inconsistent, and thereupon he should vote 
no. 


The vote was ayes 12, nays 20, so the 
amendment was not adopted. 

The main question was put and the bill 
passed its third reading. 

Bill to elect eight additional trustees to 
the University. 

Mr- Hill and Mr. Loftin explained the bill. 
It passed third reading. 

Bill to incorporate the town of Caswell, 
in Pender county. 

Mr. Scott, of New Hanover, opposed the 
ninth section of the bill. [Report of the bill 
and discussion on it were given in THE 
News and OpBsERVER last week when it 
came up. | 


Bill passed third reading—yeas 26, nays 3. 

Bill to authorize the county of Halifax to 
fund its debt and levy a special tax to pay 
the same. Passed third reading—yeas 82, 
nays t. 

Bill for the commissioners of Dare county 
to levy a special tax. Passed third read- 
ing—yeas 34, nays 0. 

ill to construct a road from L. J. 
Smith’s store, in Jackson county, to Bre- 
_ vard, in Transylvania county. Passed third 
reading. 

Bill to repeal the act relating to certain 
villages and towns in Bertie county, Com- 


eee 





Proceedings of the General Assembly of North 





Nits 


























Caroli 


mittee’s substitute adopted and the bj 
passed third reading. $ 

Sill to establish free graded schools at 
Edenton for both races. Mr. Woodhouse’s 
bill. Passed second reading—yeas 27, 
nays 2. a 

Special order came up on the bill for the 
sale of the State’s stock in the Cape Fear 
and Yadkin Valley Railroad Company. , 

The chair announced that the qustion 
would first be on the substitute to the bill 
by the gentleman from Martin. 

Mr. * cCloud here offered an amendment — 
to the original bill giving to the Governor, 
the Attorney General, the Treasurer and 
Secretary of State the power to extend the 
date for building the road from Mount Airy 
to the South Carolina line to Jan. 1, 1885. 

Wr. Linney thought 1t unwise to impose 
legislation upon the Executive Department, 
if these gentlemen should need relief a sub- 
sequent legislature would be just enough 
to give it to them. 

Mr. McLean said it was no new thing to 
bring the Executive Department into the 
bill as they were the ones under the original 
bill to make a transfer of the State stock. 
As to extension of the time it couldn’t hurt 
the gentleman’s line, he hardly rae it 
possible to complete the branch from Wal- 
nut Cove to Patterson by that time anyway. 
Does the Senate think it would be fair that 
this road graded for 125 miles to the South 
Carolina line, and running through a better 
and more populous country than the Sena- 
tor’s from Alexander, should be put off to 
on indefinite time in building in order that 
this branch road, not graded, nor a lick yet — 
struck, may be built,,and that too after his 
country had spent sixty thousand dollars, 
and the Senator’s country had not contri- 
buted a cent. . 

Mr. Linney spoke at length against the — 
amendment. It gave the Guvernor the 
power of tearing down the safe-guards to 
the bills. He thought this proposed change 
was in the interest of the syndicate. As 
to his country’s contributing they were not 
going to give anything till they had guar- 
antees of something to be done for them, 
whereas the counties that had contributed 
already had received a benefit of the work. 

Mr. McLean said he knew no interest of 
any syndicate and the Governor and _ his 
Council were not men to be moved by the 
whims of a syndicate. 

The vote was taken on the amendment. 
Ayes 12, noes 12. The Chair thus voted 
no, besides no quorum was voting. Some — 
Senators were in the lobby at the time. 

Mr. McLean then asked the ayes and 
noes on his amendment, Ordered. Ayes 
24, nays 13, so the amendment was adopted. 

Mr. Dotson’s-amendment by which nota — 
dollar of the bonds can be given to another 
road until one-fourth of the work is done, 





was put to 1 ‘‘viva voce vote”—not a quo- 
rum voted. 
_ he Chair here said it was impossible 
' for the Senate to transact business unless 
_ Senators gave their attention to the business 
before it. 
_ Mr. Dotson then asked for the yeas and 
_ nayson his amendment. Ordered. Yeas 
20, nays 10, so the amendment was adopted. 
Mr. Pool’s substitute was then read. It 
requires the purchasers to pay to the State 
in cash fifty-five]! thousand dollars in 
cash, and also the par value and interest 
for the thirty thousand dollars of the com- 
pany’s bonds purchased by the State &c. 
Section 9 gives the company full power to 
extend the main line of the road to the city 
of Wilmington and to the Virginia line but 
to build any branches to the main line that 
“may be expedient. This substitute was 
offered as the minority report. 
Mr. Pool spoke to the bill. He said it 
_ was an absolute sale to the State. e said 
the original bill had been loaded down with 
so many amendments and provisions and 
restrictions that it would have the effect of 
_ killing the bill before this General Assem- 
bly. He said it was becoming the sense of 
: the people that the State should get out of 
3 


_ building railroads and leave it to corpora- 
tions. If you propose to make a sale of 
the State’s interests in this road, then why 

- not deposit the money with the State treas- 

_ ury and let it be there for the benefit of the 

State. He did not believe with the Senator 

from Wake in selling it out at public auc- 

" tion, for then they wouldn’t get the value 
of the road, but when a syndicate offered 

_ to pay down cash every cent the road was 

_ worth, then he was for selling it to them. 

_ _ The substitute was put to a vote. Mr. 

_ Dotson asked the ayes and noes. Ordered. 

_ Ayes 18, noes 28, so the substitute failed to 

_ pass. 

_ The bill was then put on its second read- 

ond passed. 

r. Pemberton asked a suspension of the 

_ Tules and his resolution providing that Sen- 

_ ators shall make their reports and introduce 

_ their petitions and bills on the regular call 

k was adopted. 

_ Mr. Pinnix, a bill to amend chapter 282, 

» laws of 1879. 

if House amendments to Senate bill 38, 

_ House bill 604, and Senate bill 220, House 

if bill 443, were concurred in by the Senate. 

yi _ Nore.—In report the -other day of bill 

ae incorporating Church of the Disciples at 

_ Wilson’s Mills, it was written two miles but 

appeared ten. 


HOUSE OF REPRESENTATIVES. 
Monpay, February 12, 1883. 

_ Speaker Rose called the House to order 

at 10 o’clock. 

_ Prayer by the Rev. Mr. Brown, of the 








Ni 


At its Regular Session, 1883. 





. 


143 


The reading of the Journal was dispensed 
with, and it stood approved. 

Petitions were introduced as follows: 

Mr. Stanford, from Pender county, ask- 
ing an amendment to the constitution. 

Mr. Biggs, from Dare county, asking a 
no-fence law. 

Mr. Patrick, relative to the sale of liquor 
in a certain locality in Tyrrell county. 

Mr. Tate, relative to the sale of liquors 
near Zion Church. 

Mr. Stringfield, from Waynesville, against 
the repeal of the local option law. 

Messrs. Strudwick and Bledsoe, petitions 
asking the repeal of the purchase tax on 
liquors. 4 

mr. Bledsoe, from the Raleigh Blues. 

Mr. Wilcox, petition relative to the laying 
out of a public road in Wilkes and Ashe 
counties. 

Mr. Thompson, relative to the appoint- 
ment of justices. 

Mr. Ray, asking that the town of Frank- 
lin be incorporated. 

Mr. Bruce, two petitions protesting 
against the change of the contract on the 
Western North Carolina Railroad. 

Mr. Stewart, relative to the appointment 
of justices of the peace. 

Mr. Gatling, from sixty-four citizens of 
Gates county, against the passage of an act 
abolishing the sale of liquors near Kittrell’s 
Church. 

REPORTS OF COMMITTEES. 

Sundry committees reported variously 
upon the following bills : 

Concerning the duties of the Mayor and 
Board of Aldermen of the town of Golds- 
boro. To incorporate the town of Sassa- 
fras Fork. To change the charter of Eden- 
ton. To make it a misdemeanor to employ 
minors without the consent of the parent 
or guardian, To incorporate the town of 
Bell’s Ferry. To repeal chapter 191, and 
216 laws 1881. To incorporate the town of 
Sharpsburg. To incorporate Central In- 
stitute for young ladies. To incorporate 
the Insane Asylums of the State. 

RESOLUTIONS. 


Mr. Landreth, Relative to final adjourn- 
ment. 
Mr. Tate, of enquiry to the Governor. 
BILLS. 


Were introduced, passed their first read- 
ing and were referred as follows: 

Mr. Anderson, to incorporate the trustees 
of Haysville High School. Corporations. 

Mr. Hayes, of Swain, to authorize the 
commissioners of Swain county to pay cer- 
tain school claims. 

Mr. Riggs, to repeal so much of chapter 
260, laws of 1876-77, as applies to Roanoke 
Island. Propositions and Grievances. 

Mr. Abbott, relative to the sale of liquor 
in a certain locality in Camden county. 
Propositions and Grievances. 


144 


Mr, Baum, to amend chapters 230, laws 
of 1879. Propositions and Grievances. 

Mr. McCurry, relative to the sale of liquor 
near Salem church in McDowell county. 
Propositions and Grievances. 

Mr. Patrick, relative to the sale of liquor 
near St. Andrews church in Tyrrell county. 
Propositions and Grievances. 

Mr. Simmons, to prevent the tying or an- 
choring of boats near public roads and 
bridges in Beaufort county. Propositions 
and Grievances. 

Mr. Overman, to amend the stock law in 
Rowan county. Propositions and Griev- 
ances, 

Mr. Byrd, to incorporate the Asheville 
and Burnsville Railroad Company. Corpo- 
rations. 


Mr. King, to amend the charter of 
Greensboro. Corporations. 
Mr. Peebles, to ‘authorize Chowan 


county to levy.a special tax. Finance. 

Mr. Bryan, to change the line between 
the counties of Alleghany and Wilkes. Pro- 
positions and Grievances. 

Mr. Bailey, Mecklenburg, to amend the 
law touching the publication of asummons. 
Judiciary. ‘To prescribe the effect of stat- 
utes upon existing suits. Judiciary. 

“ir. Bailey, of Wilson, for the relief of 
James W. Lancaster. Finance. 

Mr. Phillips, concerning fees for marriage 
licenses. Salaiies and Fees. 

THE CALENDAR 


was then taken up and the following bills 
disposed of as follows: 

Yo protect sheep in Madison county. 
Passed third reading. 

To incorporate the Immigration Land 
and Mineral Company. Postponed until 
fto-molrow. 

To incorporate the town of Wilson’s Fac- 
tory. Passed third reading. 

Yo incorporate the Southern Mining, 
Smelting and Manufacturing Company. 
Recommitted. 

MESSAGES 


were reccived from the Senate informing 
the House that the Senate had passed the 
following bills which were read in theHouse 
and disposed of as follows: 

To regulate the killing of wild fowl inthe 
waters of Currituck county. Propositions 
and Grievances. 

To repeal chapter 62, laws 1881 Proposi- 
tions and Grievances. 

To incorporate the Normal School in 
Monroe. Education. 

To create a sinking fund in New Hanover 
county. Finance. 

To define and punish lobbying. Judici- 


ary. 
Ko amend chapter 78, laws 1881. Judi- 
ciary. 
_ To incorporate the Citizens Trust Com- 
pany. Corporations. 


Proceedings of the General Assembly of North C ; 











Oo ae 














































1 


To incorporate St. James 

mington. Corporations. — Pigs 

Relative to the plan of Wilmington. (¢ 
porations. 4 bt AO 

To change the time of holding the Sup 
rior « ourts in Halifax county. Judiciar 

To incorporate Hoffman and Troy R 
road Company. Internal Improvements. 

CALENDAR—(resumed. ) “et 

To. incorporate the American Legion 
Honor, passed its third reading. ae 

An act for the better protection of land- 
Jords, passed its third reading, * 

To establish a graded school for whi 
in Lumberton school distriet. Inform 
passed over. , 

In reiation to graded schools in Golds 
boro, passed second reading. 

To construct a public road in Pamlico 
county, passed third reading. . 

Leave of absence was granted*to Messrs. © 
Johnson, of Johnston, and Houston, to the | 
latter on account of sickness. ’ . 

To prohibit the sale of liquor in certain 7 
localities in Madison county. ; 
» Mr. Hayes, of Swain, was a Prohibition- | 
ist two years ago; take politics out of it, | 
and the people of North Carolina were ” 
Prohibitionists. The gentleman from Mad- 
son wanted this bill, and he hoped it would © 
pass. o 

Mr. Stanford differed with Mr. Hayes 
about the people in North Carolina being 
Prohibitionists; that they had spoken in 
thunder tones on that subject. But if the | 
gentleman from Vadison v anted it, he was © 
in favor of giving it to him, for he thought 
that two years hence Madison would send 
a good Democrat here to represent them if 
this bill was passed. 

Mr. McLoud thought Mr. Stanford mis- -™ 
understood the gentleman from Swain, that | 
he meant that the people of North Caro- 7 
lina were Prohibitionists; that they wanted — 
to get the whisky out of the way by drink- 
ing it up. 

{r.Bryan thought tbat one mile was suffi- 
cient to protect any church; that if the 7 
sale of liquor was prohibited within one © 
mile of every church, mill and schoolhouse — 
in the State that it would amount to total ) 
prohibition in the State. Thatif you took ” 
away the right of the people to sell what © 
they produced, that in many cases they ¥ 
would be unable to pay taxes, keep up ~ 
schools and pay their preachers. ‘” 

Mr. Powers, of Cleveland, thought / 
that one mile was not suflicient to protect a 
church, that it was purely a local matter, 
and that it ought to be passed, pecause the 
gentleman from Madison wished it. 

Mr, Candier in reply to, r. Bryan, said | 
that if the tax derived from the sale of | 
liquor ran the schools and enabledt hem to ~ 
pay their taxes and the preachers, that the — 
sale of it helped to fill the penitentiary, and ~ 
the graves in the State, and that mereased ~ 










ere AB its Regular Session, 1883. 


That he was a prohibitionist for one 

ason, because he was a Republican; that 

_ his party, (the Republican) was a prohibi- 
tion party. 

__ The bill was further discussed by Messrs. 
Harris, of Wake, and Ball. 

_ The previous question was called for and 
ordered. ‘ ' 

The bill then passed its third reading. 
_ To validate the proof of registration of 
certain deeds and conveyances, passed its 
a third reading. 

To prohibit fishing on Sunday. Referred 

to the Judiciary. 

_ To republish the reports of the supreme 
_ court. Informally passed over. 

To change part of the line between Cald- 
_ well and Watauga counties, passed its third 
reading. 

Concerning the sale of liquor in eertain 
localities in Watauga county, passed its 
third reading. 

To amend and re-enact the act incorpo- 
rating the Danville and New River Railroad. 
Judiciary. _ 

__ To provide for the election of tax col- 
_ lectors in the various counties. Tabled. 
___To allow a second action for the recovery 
_ ofland. Tabled. 

Relating to the seduction of women. 

Mr. Bailey said that under the present 
law no one could bring an action for the 
seduction of his daughter without alleging 
that she is a servant, and by reason of the 
seduction is less able to perform her ser- 
vices. 

Pending the discussion of this bill by 
Mr. Bailey the hour of adjournment arrived 
and the House adjourned. 


















A 


i SENATE. 

i THIRTY-SIXTH DAY. 

Turspay, February 13, 1888. 
The Senate was called to order at 10 
_ o'clock. 

_ The journal of yesterday was read and 
approved. 

_ _ Mr. Webb, petition from Parley Springs 
_ Baptist church, Cleaveland county. asking 
_ for prohibition in three miles of that church. 
"i Mr, Lyon, petition from citizens of White 
_ Oak township, Bladen county, against a 
"1 stock law. 

_ Mr. Dortch, bill providing additional 
term of the superior court for Wayne 
- county. : 

__ Mr. Evans, bill to equalize the school 
_ fund in Rutherford county. 

Mr. Pemberton, bill to authorize the es- 
tablishment of graded schools in the State. 
On moiion of Mr. Dortch it was ordered 
_ printed. 




























Mr. Dortch said he would move to recon- 





sider; that it was a matter of great impor- 


tance, and one on which the Senator from 


Halifax should be heard. It was reconsid- 


ered. 


Mr. Goodwyn said the passage of that bill — 
would work great hardship on thezpeople of — 
Halifax; he spoke earnestly against the bill, 
and hoped some Senator would move its — 


reference in order that he might go before 
the committee. 
On motion of Mr. Pinnix it 
back to the committee on financé. “ie 
Bill to establish a free academy at Eden-— 
ton for both races. 


Mr. Woodhouse amended to strike out — 
“academy” and insert ‘‘graded school.” Hf 


It was adopted. Bill passed third read- 
ing—ayes 29, noes 1. 
Bill to regulate the fees of justices of the 
peace and for other purposes. Mr. Evans’ 

bill. A majority of fae committee on sala- 
ries and fees reported adversely. 

Mr. Womack moved to table the bill. 
Tabled. 

Bill to repeal the law declaring Hiawassee 
river, in ©lay county, a lawful fence. Passed 
third reading. 

Bill to amend the charter of the town of — 


King’s Mountain, in Cleaveland county. 


Passed third reading. 

The chair at 11 a. m. announced that the 
hour for the special order had arrived, it 
being a bill to create a railroad commission. 
Two bills. One submitted by Mr. Payne with 


| amendments, known as‘‘the Boykin bill,” for — 
the majority of the committee, and the — 
other submitted, by Mx. Clarke, for the mi- 


nority. [These bills have been reviewed in 
Tue News AND OBSERVER. | 
The Boykin bill was read. 


Mr. Boykin asked that the report of {the — 


committee be read. 

It was read, stating that the undersigned, 
representing a majority of the committee, © 
recommend that the above bill do pass. 

Mr. Pinnix then called for the reading of 
the minority report of the committee. v) 

Mr. Payne suggested that sections 11 and 


12 be read, as the only difference among ~ 


the committee was as to regulating the ~ 
matter of freights. The sections were read. 

Mr. Payne said this was a subject of so 
much magnitude that he would state to the 


Senate, in the outset, that he could not well 


give the views of the majority of the Gom- 


mittee without consuming some time, and 
he trusted he would be pardoned forthe _ 
He thought that while 


time he would take. 
railroads, as monopolies, should be regula- 
ted by wise police regulations, at the same 


time they were the creatures of legislative 


enactment and entitled to proper protec- — 
tion as such. he : 
This railroad commission will stand to © 


the people as an advisory board, and to the _ 


Legislature as a committee to investigate — 





s referred _ 


<< 


ae 


ae 





oe ma at 


To Ne 
ay <<, SoS oe 


= 


=< 


BR on Se 


Saw 




















fenerally its doings. It would stand to this 
h Me pislature as a master in chancery, to re- 
port to the people the facts and to inform 
them about railroads—of matters they never 
‘knew before. The majority of the com- 
mittee was a unit as to the power given to 
the commission. He cited the Dartmouth 
' College case, explained what it was, and, 
», to show to the Senate that the doctrine of 
» the Supreme Court which prevailed in that 
' case was still the law of the land, he read a 
» decision from the United States Reports, of 
~ Stone vs. Mississippi, in 1879, and also read 
) Otto XV U. 8. Reports, from: a decision in 
the case of Greennard vs. Freight Company, 
‘in 1881, and said he thought these 
two decisions should settle the ques- 
- tion that corporations had vested rights. He 
~ hoped when Senators should come to 


a : ; Spee 
> argue in favor of the minority report they 


H 


» would show to this Senate one line of law 
by which a Legislature when it had once 
granted certain rights, immunities and priv- 
ae — to a railroad, without a further provis- 
"ion at the time that they could be altered, 
could -ever change or interfere with 
* such rights. The people do not demand 
"that the commissioners shall make a sched- 
» ule for the roads. No memorial has yet 
been received making such demand. The 
ery comes against unjust discriminations. 
The bill of the majority meets this demand, 
- and prevents discrimination. He further 
Said that it was plain that the Wilmington 
~ and Weldon, the North Carolina Railroad 
and six other roads were protected by the 
. terms of thcir charters from the power of 
" the Legislature to prescribe the rates of 
. freight. Inasmuch as those old and estab- 
lished roads cannot be reached, the commit- 
tee deemed it unwise to give powers to the 
commissioners that might be exercised 
only as to the new and struggling roads. 
dir. Pinnix spoke for the minority report. 
a He said they proposed to appoint three in- 
- telligent men (above reproach) to come in 
between the public and the railroads and 
act as arbitrators. But what do the ma- 
jority propose? He would tell them what. 
hey propose to appoint three men at three 
thousand dollars salary each and a clerk at 
twelve hundred dollars, and to do what? 
To draw their pay and to sit down in the 
‘shade and do nothing. Suppose this ma- 
jority commission do find that the railroads 
unjustly discriminate? What are they 
' going todo? They say we can’t regulate 
» freights ; they say we are precluded under 
the Dartmouth College case. What are we 
"going todo? Report to the Legislature? 
- And what are they going to do? Do what 
the boy shot at. Lo nothing. The people 
had the fever and: we were treating them 


pei wae 


we 
















for the toothache. The public ask 
' for one thing and we give them 
another. They ask for bread and 
"we give them a _ stone. Whoever 


1 EN Te as ara aE ae 
Mica) 


Procezdings of the General Assembly of 1 























Wwe “eer ere 
" sa Os pam 


we ‘ 
heard any complaint of the — 
station houses? What's the 
port on that—of course the ra 
keep up good station houses and | 
&e., &c. In-tead of offering a bill here tdc 
rect these railroad abuses, this majority re 
port actually proposed repealing all the 
statutes now standing to that end—for in. 
stance, the statute preventing discrimina-— 
tionagainst hotels and eating houses—it 
would repeal all that. Again, why appoint 
x1 commission to tell the Attoney Geners 
to do that which the law has already pro 
vided for? He referred to the Dartmouth 
College case, and said there were springing 
up so many railroads of new birth that we 
were bound to recede somewhat from the 
doctrine laid down in that case. He regard- 
ed the bill as a step toward Federal control, 
and woe betide the day when the Federal 
government took control of the railroads — 
in North Carolina. If the Legislature by — 
itself or commission has no right to regu- — 
Jate 1reights or fare, then it has no power to — 
prevent, discrimination as to other matters, — 
provided the charges are within the rates set — 
forth in their charters. In his opinion the } 
Legislature had no right to assess the rail- ~ 
roads to pay the expenses of the Commision. 
Mr. Dortch asked Mr. Pinnix if, as he — 
held that the Legislature had the power to — 
control the freights and passenger fares of — 
railroads, didn’t it also have the power to 
assess them for the expenses of the commis- — 
sion? 
Yr. Pinnix said, in reply, that he congrat- — 
ulated himself that the Senator from Wayne — 
agreed with the minority, that they had the 4 
right to regula.e the freights and fares of — 
ailroads. 
Mr. Dortch said he believed the Legisla- — 
ture had the power to regulate freights and 
fares, but did not think it was expedient at~ 
this time. He offered the following amend- — 
ment to the majority bill : 
“Section 18. The railroad commissioners 
shall have power to employ an expert, when ~ 
necessary, to be paid out of the funds here- 
in provided for, and said commissioners, 
their clerk and expert, shall be transported — 
free on every railroad in this State, when 
travelling on official business.” 
Mr. Boykin spoke to the majority report. 
He was astonished at the Senator from Da- ~ 
vidson pursuing the course he had this — 
morning. Every section of the majority 
report which the Senator condemns is con 
tained in the minority report which the 
Senator has signed and espoused. It is re-- 
markable that the Senator should un- 
dertake to throttle his own offspring in this’ 
manner. In fact, the only difference be- 
tween the majority and minority report is 
as to the powers of the commission, the 
majority report limiting them in power and 
the minority giving them unlimited power. 
And why the Senator from Davidson should 
’ fi Aika ek eae 

































OA ie 


BIER CNR wiry, fan 












































uunce the majority report for the very 
“same provisions he himself had adopted, 
- ‘was astonishing to him. 
“Mr. Pinnix here interrupted, explaining 
‘that he had not denounced the committee. 
Mr. Boykin took up the 11th section of 
the minority report, and argued it as un- 
constitutional. It violates that article of 
' the constitution which says that the judi- 
» cial, legislative and executive departments 
of the government shall be distinct. The 
commission has legislative power in that 
the commissioners prescribe the rates; ju- 
' dicial power in that they decide upon the 
' reasonableness of the rates; executive 
' power in that they enforce all rules and 
' regulations directly. The 12th section is 
unconstitutional, because when the sched- 
ule of rates is once fixed by the commission, 
such schedule is sufficient evidence of the 
reasonableness of such rates. The railroads, 
by this arbitrary power, are deprived of the 
right of trial by jury and the right cf ap- 
peal. Whatever may be the law as to the 
power of the General Assembly to control 
in this respect railroads chartered before 
_ 1868, the majority report does not come un- 
' der the condemnation of the constitution. 
' It does not change the maximim otf the 
rates in those charters granted before 1868. 
ft simply proposes to regulate those rates. 
So long as these limits of tariff are pre- 
served, the General Assembly may control 
tie manner in which they are used. Such 
railroads nowhere in their charters have the 
right to discriminate in favor of A as 
against B, or in favor of Goldsboro as 
against Charlotte. The only vested rights 
which they have are certain maximum 
rates, etc. The majority report does not in 
any material manner interfere with such 
rights, either by modification or repeal. 
_ Hence the proposed legislation of the ma- 
_ jority is not unconstitutional. 
i He gave, in detail, the following reasons 
' why the commissioners should not be au- 
thorized to regulate rates: 
1. It is unjust to require an unfinished 
road to adopt rates of old and established 
lines with fixed and expanded business re- 
lations. 2. Difference in cost per mile in- 
dicates a difference in rates to pro-- 


duce equal returm on investment. Dif 
erence (hin 9) erades)? iy |’) depree; 


changes the cost of transportation. 3. 
Kvery line has some local specialty of pro- 
duction to be fostered, which prevents uni- 
formity of rate. 4. Cost of transporta- 
tion is varied by the seasons of the year, 
local supply and demand of labor, abun- 
dance or scarcity of crop year, and cost of 
living to the laborer. 5. In a State like 
North Carolina, of such diverse soil, pro- 
duction and climate, there can be no such 
_ thing as “‘ uniformity” for anything. 6. It is 
against public policy to attempt any cast- 
yp rule, under such circumstances, which 





At its Regular Session, 1883. 





ry ery 





would impair the value of investments al- 
ready made or deter others from being 
made in improvements, in the more ele- 
vated, and, in many respects, less favored 
portions of the State. 7. This legislation is 
experimental—don’t attempt too much at 
first, lest we hinder rather than facilitate 
trade. 

He was in favor of giving the commis- 
sioners power to prevent unjust and unrea- 
sonable discriminations, but fcr the above 
reasons was opposed at this time to the 
provisions of the report of the minority. 

The minority are in favor of regulating and 
prescribing the rates of all railroads. If we 
have this right, certainly we have the power 
to assess the gross income of the roads to de- 
fray the expenses of the commission. This 
legislation is experimental. Let us not act 
hastily. Thirty millions of dollars are in- 
vested in railroads in North Carolina. The 
legislation of the minority will destroy, or 
tend to destroy, this capital. If the legis- 
lation proposed by the majority is not 
stringent enough, we can enlarge the powers 
of the commission in 1885, when the next 
Legislature meets. Hasten slowly. 

During Mr. Boykin’s argument, Mr. Lin- 
ney desired to know his opinion as to 
whether the General Assembly had the 
power to control and regulate railroads 
chartered before 1868. Mr. Boykin replied 
that he was of opinion that the great case 
of the trustees of Dartmouth College vs. 
Woodard, had been greatly emasculated by 
subsequent decisions of the courts. Law 
is what a moral intelligent public sentiment 
prescribes. The State is sovereign. It is 
difficult to understand how a sovereign can 
surrender to an individual rights and privi- 
leges which are necessary and essential to 
the happiness and prosperity of the State. 

My. Pemberton moved that the further 
consideration of the bill be postponed till 
to-morrow at 10:50 a. m. 

Mr. Dortch offered two amendments, one 


to strike out in section 2, line 2, the word 


“twelve” and insert ‘‘cighteen ;” and the 
other was to strike out section 16 altogether. 

Mr. McLean offered an amendment: Pro- 
vided that this act shall not apply to the 
Alma and Little Rock Road. 


Mr. Pemberton’s motion making bill 
special order to-morrow at 10:30 was 
adopted. 


Billas special order came up providing 
an alternative method for keeping in repair 
the public roads in Forsyth. 

Mr. Alexander said as the Senator from 
Forsyth was sick at home he moved to 
postpone. 

Myr. Pemberton said he was in receipt of a 
letter this morning from the Senator from 
Forsyth, stating that he could not be in his 
seat for some time yet, and hoped the bill 
would not be postponed. Afterwards he 
consented to the postponement and moved 


6s 4&9 oe 


SS - 


148 


that it be made special order for 11 o’clock 
Thursday. Adopted. 

Bill to prohibit the use of drift nets in 
certain waters of the State. Mr. Clarke, for 
the committee, stated the amendment to 
the bill, confining it merely to the count, 
of Dare—which was adopted—and the hill 
passed its third reading. 

Bill to quiet titles to real estate, to te ke 
effect the 1st day of July, 1883. Mr. Clarke 
amended, to make it the 1st of January] 
1884, which was adopted, and the bill 
passed its third reading. 

Bill to allow fishing with seines in the 
Scuppernong river passed its third reading. 

Bill relating to the incorporation of 
“ount Holly, in Gaston county, passed its 
{ iird reading. 

Senate bill, which provides that county 
commissioners shall grant licenses to appli- 
eants to retail liquor when complying with 
the qualifications required by law. 

Mr. Pinnix moved to recommit, that they 
might have a general law; with consent 
from Mr. Pemberton to amend. Recom- 
mitted. Adjourned. 

{Norz.—Mr. Toon, of Columbus, got 
leave of absence till Thursday, on account 
of the death of Mr. McCracken, his father. ] 

[Mr. Dotson’s ‘amendment, yesterday, to 
the Cape Fear and Yadkin Valley bill, also 
provides in case of failure of the failure of 
the company to build the road any other 
company may take hold and complete it. ] 


HOUSE OF REPRESENTATIVES. 

Speaker Rose called the House to order 
10 o'clock. 

Prayer by Rev. Dr. E. A. Yates of this 
city. 


with and it stood approved. 
PETITIONS 
were introduced as follows ; 

Mr. King, relating to the appointment of 
a justice of the peace. 

Mr. Wood, from Kinston, opposing a 
graded school. From the trustees of Kin- 
ston College opposing a graded school for 
said town. 

REPORTS OF COMMITTEES. 

Sundry committees reported variously 
upon the following bills : 

To amend section 6, chapter 135 laws 
1879. Resolution changing the tax on 
guanos from $5.00 to 20 cents per tor. To 
amend chapter 83, of Battle’s _ Revisal. 
Concerning the town of Middleburg in 
Vance county. Resolution instructing our 
members in Congress to secure an appro- 
priation for Bay River To alter the line 
between_the counties of Caldwell and 
Wilkes. To amend the charter of Lexing- 
ton. To probibit fishing on Sunday. For 
the registration of certain deeds. To 
change the time for holding the Superior 





The reading of the journal was dispensed 


"ee 








Proceedings of the General Assembly of North Carolina, bi a 


Courts for Halifax county, To amend 
law touching the publication of a summons. 
To amend chapter 64, of Battle’s Revisal. 
To amend chapter 78, laws 1881. To 
amend and reenact chapter 158, laws 1881. _— 

BILLS 
were introduced, passed their first reading — 
and were disposed of as follows : 

Mr. Wood, to give to Kinston College 
power to confer marks of honor and dis- 
tinction upon students. Committee on edu- — 
cation. 14 

Mr. Simmons, to amend chapter 25, laws 
1880. Finance. 

Mr. Stanford, to prevent the feeling of 
trees in Halso and Cole swamp, in Duplin — 
county. 

Mr. Turner, relative to the sale of liquor 
near Prosperity Church. Propositions and 
grievances. 

Mr. Peebles, by request; to reduce war- 
ranties in insurance policies and applica- 
tions therefor for representations, &c. Ju- 
diciary. 

Mr. Abbott, to incorporate Shiloh Lodge 
No. 90, I. O. O. F.,.of Camden county. 
Corporations. 

vir. Bennett, to incorporate the Yadkin 
Mineral Academy in Stanley county, and a 
petition asking for the same. Calendar. 

Mr. Frazier, to repeal chapter 46, lawa 
187677. Calendar. 

Mr. Byrd, to incorporate the Asheville 
and Burnsville Railroad Company. Corpo- 
rations. 

Unfinished business of yesterday was 
taken up it being 
A BILL 10 BE ENTITLED AN AOT TC AMEND THE 

LAW TOUCHING THE SEDUCTION OF WOMEN. 

INTRODUCED BY MR. BAILEY, OF MEOKLEN- 

BURG. 

The General Assembly of North Carolina — 
do enact: 

Section. 1. That hereafter in actions 
for seduction it shall not be necessary to — 
allege in the complaint the existence of the 
relation of master and servant as between — 
the plaintiff and the party alleged to have ; 
been seduced, provided the plaintiff shall — 
be the father, or if he be dead, the mother, — 
or in case of an orphan seduced, the guar-_ 
dian or any one standing ‘‘in loco par- ~ 
entis,” but in all such cases the father, if 
living, or if dead, the mother, or if both be 
dead, the guardian or any one standing in 
the relation of a parent to the female al- 
leged to have been seduced, shall have a 
right of action for such seduction: ‘* Pro- 
vided,” that this aet shall not be construed 
to abrogate the action for seduction as it 
now exists. 

Section 2. That this act shall take effect 
from and after its ratification. 

Mr. Bailey, of Mecklenburg, said that 
the law as it now stood compelled a man 
in his suit for the seduction of his daughter 
to allege that she was his servant and was 




















4 rH, 
ae 
APE ar 


ri , 7 a Be ms Ati 
- less able to perform her duties by reason of 
_ the “seduction. Ina case where a man 
who had a daughter seduced who was in- 
sane, or unable to work, or who was absent 
from the homestead at the time of the se- 
‘duction, there was no remedy. This Dill 
merely makes it unnecessary to allege the 
relation of master and servant. He hoped 
the bill would pass. 
_ Mr. Page thought that this bill was not 
needed to protect the virtue of N. C.; that 
_ the purity of this people would protect. it- 
"self. : 
_ Mr. Overman said that this was not a 
___ bill to be laughed at but one to be seriously 
' considered. That if you wanted to bring a 
_ suit for a horse you bought your action for 
a horse, but when you sued for seduction 
you were compelled to bring your action 
_ for services lost, and thereby force the 
_ plaintiff to swear to a lie in order to get 
- his action. 
Mr. Powers, of Cleveland, thought it was 
_  amonstrous technicality which protected 
_ the virtue of a servant, because she was a 
_ servant, and did not protect that of a 
_ daughter. He favored the bill. 

Mr. Page said the committee had care- 
fully considered this bill and reported ad- 
_ versely on it, and he hoped’ the report of 

the committee would be sustained and the 

bill voted down. 
Mr. McLoud thought that to give men 
whose daughters had been seduced ade- 
' quate remedy, the passage of thsi bill 
"was necessary. 
a Mr. Peebles moved to substitute the pre- 
sented bill, and stated that if that was done 
he had no objection to it. 

Mr. Page said his objections were to the 
original bill, and he had none to the substi- 
tute. The substitute was adopted. The 

_ bill then passed its third reading. 

4 . THE CALENDAR 

_ was then taken up, and the following bill 
was disposed of as follows: 

Substitute for an act for the protection of 
_ farmers. Tabled. 

Ny SPEOIAL ORDER 

for this hour was then taken up, it being an 
act relating to the sale of the State’s stock 
in the Atlantic and North Carolina Railroad 
Company. 

Mr. Overman explained the object of the 
bill, and stated that he had no private pur- 
pose to serve in introducing this bill; that 
it grew out of the Governor’s message, and 
all he wanted was to see a railroad running 
_ through that partof the State. He read a 
portion of the Governor’s message in sup- 
port of his argument in favor of the bill. 
fle spoke of the great benefit it would be to 
he people of the section through which it 
Tau. He hoped it would pass. 

__ Mr. Page said that of course this road 
would open up a great country; that a rail- 
built in any part of the State would 


























AMC Le CNEL hy 


ts Regular Session, 1883. 
















openup a great country. That it would — 
run nearly parallel with the North Carolina 
railroad—the only road in the State which 

declared a dividend on its bonds or helped 
to pay the interest on the State debt. That 

to run a road along the side of this road 
would be to bring the State’s interest into 
competition with that of this new road 
And he was opposed to it, because the pri 
vate stock was not protected. we rae 

Mr. Tate moved to refer to the committee 
on Internal Improvements. Sie! 

Mr: Overman said that he was opposed to 
referring; that the road did not run parallel 
with the Western North Carolina railroad, 
for that road run almost in a circle, and that 
a straight line would not run parallel with 
a circle. 

The motion to refer prevailed. ay 

OALENDAR (resumed. ) “i 

To incorporate the insane asylums of the — 
State. a 

Mr. Wilcox moved to amend so as to al- 
low paying patients only when there was — 
room without excluding indigent patients. 

Mr. Stringfield moved to amend so as to 
prevent any person from entering these in- 
stitutions, or any other State institution, who ~ 
owns five dollars worth of property, except 
the penitentiary. 

In the same debate Mr. Powers, of Cum- 
berland, is accredited with a speech made 
by Mr. Powers, of Cleveland. Mr. Powers, 
of Cumberland, holds to different views 
from those expressed by Mr. Powers, of 
Cleveland. 

Mr. Candler replied to Mr. Bryan and not 
to Mr. Byrd. ] 

Mir. McCotter moved to amend so as to — 
to provide that when the asylums were full 
and an application was received from 
an indigent person, that paying patients be — 
discharged so as tomake sufficient room for _ 
the indigent. 

The bill was discussed by Messrs. Stan-— 
ford, Bunn, Wilcox, Holt and others. 

The amendments were voted down. 

The bill then passed its third reading. 

To amend an act to provide for the levy- _ 
ing of taxes. Ordered to be printed. 3 

fo amend chapter 126, laws of 1881, re- 
lating to the stock law for Wake county. 

Mr. Bledsoe opposed the bill. 

Mr. Peebles saw no harm in the bill; that 
there were some people in this Legislatuie — 
who desired to mix politics witheverything 
that came up; that this bill merely pro- 
vided that when a majority of the voters of 
any township signed a petition that ano- ~ 
fence law should be established for that 
township, that the county con missioners 
should establish such a law. He thought — 
it a cheaper way than to hold an election, 
and hoped the bill would pass, 

Mr. Bryan thought it would be laying a 
bad precedent, although it applied to only — 
one county. Yet it might be made to apply — 

‘F 

















GT ese 


~. Us 


















— to the 





whole State. That owing to the 
fraud that is often practiced in signing 
names to petitions, the commissioners might 
be misled, 

Mr. Powers, of Cumberland, was op- 
posed to the bill because it was not sub- 
mitted to a vote of the people. 

Mr, Bunn said that it was easy enough to 

“ascertain whether the majority of the 
voters were in favor of it, for the registra- 
tion books were kept in the court house, 
the same building in which the commis- 
sioners held their meeting. 

Mr. 'Templ> said that three-fourths of the 
people of Wake county were opposed to a 
no-fence law and he hoped the bill would 
not pass. 

Mr. Harris, of Wake, said that he was 
not the framer of the bill, but introduced it 
ay request, and that as a representative of 

ake county it was his duty to present the 
bill and he should do so, whether asked to 
doso by a Democrat, Republican, a white or 
a black man. He then explained the bill 
and said that as it now stood, providing 
that the will of the people should be ascer- 
tained before it went into effect, he should 
support it. 

The bill was further discussed by ¥ essrs. 
Holton, Liles, Holt, Bledsoe, and Powers, 
of Cleveland. 

The previous question was called for and 
the call sustained. The ayes and nays were 
ordered, and upon a vote being had the bill 
failed to pass its third reading by a vote of 
ayes 51, nays 57. 

Bill to incorporate the Land and Mineral 
Company of North Carolina was taken up. 
Pending its consideration the House ad- 
journed. 

NIGHT SESSION. 

The following bills ‘passed their final 
reading : Incorporating the North Carolina 
Land and Mineral company; to protect oys- 
ters; prohibiting fishing on Sunday; incor- 
porating the town of Glen Alpine; incorpora- 
ting Wilkesboro Bridge Company; making 
it unlawful to poison fish in streams; for 
the relicf of Mrs. ¥ ary R. *' oore. 

Passed their second reading: Authoriz- 

ing Tyrrell county to levy a special tax; in- 
corporating the town of Bell’s Ferry; au- 
thorizing the commissioners of Cumberland 
county to build a free bridge over the ' ape 
Fear; to incorporate the town of Maiden. 

Bill making it a misdemeanor for con- 
tractors not to pay employees was tabled. 


fr SENATE. 


THIRTY-SEVENTH DAY. 
Wepnespay, February 14. 
Senate called to order at 10 o’clock. 
PETITIONS. 
Mr. Webb, asking an “appropriation for 
the State Guard. 
Mr. Scott, of Rockingham, protesting 


Proceedings of the General Assembly of Nort) 








LA = 
ih 


Carolin 







ph 


against appointing weighers for t 
warchouses. 
BILLS. ye 

Mr. Ifill, to change the time of holding — 
the Su erior Courts in the counties of Wi 
son, Nash, Duplin and Lenoir. i 

‘ir. Lovill, to incorporate the Watauga 
Mining Company. 

Mr. Hill, to repeal chap. 816, laws 1881. — 

Mr. Webb, relative to the election of a — 
finance committee in Cleaveland county. 

Mr. Dortch, to supplement the act to pre- — 
vent live stock from running at large in — 
Greene and Lenoir, 

Mr. Boykin, to amend chapter 184, laws 
of 1881, concerning charter of Clinton and 
Faison Railroad Company. bird 

Senate concurred in House amendment 
to bill to lay out and construet publie road 
from Stonewall to Neuse river road, in Pam- 
lico county. House amendments to bill to — 
protect landlords were referred to judi- 
ciary committee. To House amendment 
proposing to strike out the three-mile clause 
in Madison county school house prohibi- 
tion bill, and make it one mile, Mr. Ebbs 
spoke in opposition. The Senate refused to 
concur. 

Mr. Ebbs, bill concerning the courts of 
Madison county. 

wr. Loftin, to prohibit fast driving over 
certain bridges in Greene county. 

Bill to amend charter of town of Hen- — 
derson passed its third reading. ; 

Bill to amend the charter of the city of 
Newbern, providing for an additional levy 
of a tax of ten per cent., as stated by Mr. 
Caho, was takeu up. 

Mr. \ larke opposed the bill and offered 
an amendment. * 

Mr. Caho said the bill was introduced at 
the instance of the city government of New- 
bern, and gave their reasons for wishtng 
the additiona, levy. He offered an amend- 
ment that the’ additional levy of 10 per cent. 
should not extend longer than two years. 
He explained that by ten per centu. wag _ 
meant ten cents on the hundred dollars. 

Mr. Whitford said at first he was opposed 
to the additional levy until he canvass dthe 
matter with the property holders, and he — 
now favored the bill. Further discussion 
was cut off by 

5 THE SPECIAL ORDER, 

Bill for sale of the State’s interest in the 
Cape Fear and Yadkin Valley Railroad, 
which came up, Mr. Pool’s substituted bill 
being before the Senate, instead of the origi- 
nal pill. 5 i 

Mr. Pool spoke to his substitute, asking 
what use there was in discussing a measure 
that the syndicate absolutely refused to ac-_ 
cept; they might might as well bring things 
to a point by considering his substitute which 
proposed to buy what the, State desired to 
sell. He was tired of sitting here day after 
day listening to amendments which loade 


























einen. ar 









































the line of the road seemed to think it his 
duty to place restrictions on the bill. 

D.. Mr. Lovill said he was surprised at the 
‘course the Senator from Martin had taken 
in this matter. He had understood that he 
would not press his substitute if their bill 
and amendments could be agreed on, and 
_ they had nearly agreed on them. But the 
Senator from Martin had revealed himself. 
He was directly opposed to the interests of 
the western people, when the west had al- 
ways rallied to the aid of the east. 
vr. Morehead spoke in favor of the sub- 
' stitute. If it was adopted, when the road 
» got to “Yount Airy the State would have in 
' the Treasury $88,000 in cash; and besides 
' when this bill or the other bill passed 
- neither became a law until it was left with 
the private stockholders, and he spoke by 
_ authority iu declaring that they would not 
endorse any bill that would not complete 
' this road. He did not believe the stock- 
holders would endorse the original sill, but 
the road would go to sale and be purchased 
by some parties who were inimical to the 
building of the road. 
Mr. Clarke said the road ought to be 
built, but when we extend the hand to our 
western friends and say ‘‘we. will give you 
aid,” and then turn and sell the road for 
$55,000, without hedging it around so that 
_ the road must be built'to Mt. Airy and Pat- 
_ terson, we give them no relief at all. 
Mr. Scott, of Rockingham, said he was 
' really grieved when the bill was introduced 
that there was so much discord and dissat- 
- istaction among its advocates. He knew 
_ there was a desire of each that the road 
should go through his particular locality. 
North Carolina was tired out and sick of 
her interests in railroads, and if this was 
au opportunity to rid herself on fair terms 
_ of her interest in this road, then let us avail 
_ ourselves of it. The idea with him was not 
what the road had cost, but what it would 
cost if North Carolina should remain tan- 
gled up with it. He believed, as a repre- 
sentative of the people, that if we could be 
_ made sure of the building of the road, even 
, if theState got not a dime for it, it would be 
- well to let it go, simply because it would re- 
sult in building up and developing one of 
_ the best and richest sections in the State. 
» Notbing could be safer or fairer to the 
' State than the proposition offered by the 
substitute. Unless this proposition was ac- 
cepted, the road, in his opinion, would 
_ have to go to sale, and North Carolina and 
» the private stockholders wonld suffer, for 
either the State would buy the road, or else 
_ the Richmond & Danville, or Wilmington 
_ & Weldon, or some other railroad, would 
_ buy it and throttle it. 
4 Mr. Womack said no Senator would go 
further for building this road than himself. 
He presented both sides of the question, 
ind asked the Senate to take a common- 


At its Regular Session, 1883. 





151 


down the original bill. Every Senator along sense, practical view of the whole matter. 


This was the only syndicate that would buy 
the road, and we had the assurance of that 
syndicate that they would not accept the 
original bill, loaded as it was with amend- 
ments, and the private stockholders would 
not accept it. This substitute was amend- 
able to both syndicate and stockholders. 
He thought the substitute best the other 
day, and voted for it at the time. 

Mr. Linney said he was a little surprised 
that Senators now proclaimed themselves 
for the substitute because of the amend- 
ments to the original bill, when before the 
committee on internal improvements they 
voted against the substitute because it con- 
tained a bad trade. He put the question to 
the president of Virginia road, a few days 
ago, (a gentleman well known, Mr. Sut 
erlin), as to the value of the road with 4 
miles built, and he said it would average 
$30,000. He maintained that under the 
substitute, which never had the sanction of 
any deliberative body,-which never had the 
sanction of the clear-headed Senator from 
Guilford until this morning, this convict 
clause is stricken out and the convict force 
was transferred to these assignees for how 
long? for ene year? The Senator from 
Guilford cannot say for what length of 
time. The substitute is a mere cobweb; no 
argument can be founded on it. Where’s 
Mount Airy and the Patterson branch 
Both are cut out of the original bill and the 
Shoe Heel branch put init ? 

Mr. Pemberton said the s yndicate was re- 
quired to complete the Shoe {eel branch 
next year. 

r. Linney ©... .uc Spo» sicel branch 
may sprout like a tobacco piant and put out 
other branches; we can’t tell about that. 

ur. Alexander said this matter should be 
governed by business principies. If it» @ 
true that the syndicate have rejected the 
first proposition, it takes two to make a 
trade. If a trade is made it must be with 
the syndicate’s consent, and it stands ex- 
actly in the position of an individual driving 
abargain. This must take that business 
course, aud as the first proposition had been 
rejected he could see no reason why the 
substitute should not be adopted. 

Mr. Pinnix said he was satisfied with the 
honesty of purpose of the syndicate, and 
therefore would vote for the substitute. 

mr. Morehead replied to Mr. Linney, as 
to the convict clause, saying that the pro- 
vision as to convicts in the substitute was 
in the bill that Mr. Linney advocated yes- 
terday. 

Mr. Clark again spoke against the substi- 
tute. " 

vr. Payne said he could net support the 
substitute, and merely desired now to ex- 
plain his position and the vote he would 
cast; haying heretofore fully discussed this 
Maiter it was not his purpose to make any 
speech. On Friday the pending amend- 





152 


ments were agreed to by both sides. On 
Monday the friends of the syndicate pro- 
posed an amendment in their interest in 
regard to the working of the convicts upon 
the road; this demand was granted by the 
Senate and the amendment adopted. We 
are now asked to take back tracks and 
adopt this substitute without desired re- 
strictions. The demands of the west are 
just, and entitled to consideration by this 
enate. 

Mr. Caho called the previous question. 

The Chair stated that the first question 
was the substitute of the gentleman from 
Martin. 

Yr. Dotson asked for the ayes and noes 
on the adoption of the substitute. Ordered. 
The vote was taken; ayes 24, nays 19; So 
“the substitute was adopted. 

Mr. Clarke offered the following amend- 
ment to the bill : 

Provided said road shall be first adver- 
tised in the New York Herald, Times 
and World, the Chicago Tribune and 
the Nrws AnD OpsERVER, for the space of 
three months, and then sold at public auc- 
tion at the court-house door in the city of 
Raleigh, for cash. Said purchaser being 
required to enter into a written, guarantee 
with sufficient security, to build said road 
to Mount Airy and Patterson within five 
years. 

The Chair said the amendment being in na- 
ture of a proviso, and not a motion to strike 
out and insert, he could not admit the pro- 
position as an amendment, it not being ger- 
mane to the bill. 

Mr. Clarke and Mr, Linney then proposed 
to strike out. 

Mr. Morehead held they were out of or- 
der under the call of the previous question, 
and was sustained by the Chair. 

The bill was then put on its third reading. 

Mr. Linney explained his vote, saying he 
regarded the substitute as infinitely worse 
than nothing, and voted no. 

Mr. Loftin said but for this bill work 
would stop on the road and nothing be ac- 
complished, therefore he voted aye. 

Myr. Purnell said this was the best of the 
propositions, but he was opposed to the 
sale of the road and should vote no. 

The vote resulted as follows: Ayes 26, 
noes 18; so the bill passed thisd reading. 

ANOTHER SPECIAL ORDER. 

Bill for electing schoo] committeemen ; 
the whites to elect theirs and the blacks 
theirs, came up as a special order. 

Mr. Boykin said that the bill was uncon- 
stitutional. Article 9, section 1, of the 
Constitution prescribes the qualifications of 
electors. This bill makes an additional 
qualification. Suppose the bill passes; an 
eleetion is ordered in a white district; a 
colored man offers to vote; be is refused ; 
contests his right to vote, and the court 
shall hold the law unconstitutional, then 


Proceedings of the General Assembly of North Care lind, ba 





ee) 




























we have the very same trouble as we would — 
have if justices of the peace and county 
commissioners were elected. When a citi-— 
zen is an elector at all, he is an elector for 
all purposes. (Van Bokkelen vs. Canaday, 
"3 N, ¢ ) : 


Mr. Black agreed with Mr. Boykin that 
the bill was unconstitutional, and besides, 
it being an office of no profit, good men ina — 
county would not want it and only bad men 
would aspire to it. He thought the com- 
missioners in the counties should select the 
men. 

Mr. Lovill said he could not see that it 
was unconstitutional ; it was merely carr - 
ing out the spirit of the constitution that 
kept the races apart in the schools. 

Mr. Womack argued that it was uncon- 
stitutional. Besides the costs of elections 
was a big item. It would not begin to do; 
it would be outrageous ; it would be greatly — 
to the prejudice of the colored race; in fact 
in all its bearings it was wrong and imprac- 
tical. He moved tolay the vill on the table. 

Mr. Pemberton moved to adjourn. ' 

Adjourned. 

HOUSE OF REPRESENTATIVES. 

House called to order at 10 o’clock by 
Mr. Speaker Rose. 

Prayer by Rev. Dr. Skinner. 

: PETITIONS 
were introduced as follows: 

Mr. Mitchell, from Hertford county, ask- 
ing the repeal of the purchase tax. 

Mr. Leazer, relative to the appointment 
of justices of the Peace. 
Mr. Hewlin, relative to the appointment 
of a justice of the peace. 

Mr. Simmons, from Washington county, 
relative to the appointment of justices of — 
the peace. , 

From Beaufort county, relative to the — 
same. : 

Petititions opposing the formation of the 
new county of Richland. 

Mr. Thompson, from Onslow county, re- 
lative to the appointment of justices. © 

Mr. Sherrill, from J. P. Spencer, of {on- 
over, asking to be left outside the corpora- 
tion. ; 

Mr. King, from Guilford county, relating 
to the appointment of a justice of the 
peace. 

vr. Holt, list of justices for Alamance 
county. 

Mr. Williamson, from Columbus county, 
asking that the sale of liquor be prohibited 
within two miles of Mt. Tabor Baptist 
church. 

Mr. Stringfield, from Haywood county, — 
asking the protection of the fish interest. 

From the Methedist Sunday Sehool of 
Waynesville, against the repeal of local 
prohibttion. 

_.Mr. Crouse, from Lincoln county, asking 
a change of town lines. , 


Nee gO) 
RESOLUTION. 
; aude the time for final adjourn- 


BILLS 
re introduced, passed their first tending 
nd were refer red as follows : 
Mr. Tate, to make null and void al) ¢on- 
cts for the purchase and sale of cotton 
futures in the State, and to prohibit the 
same. Judiciary. 
Mr. Simmons, to establish two criminal 
districts in the eastern part of the State. 
‘Judiciary. 
_ Mr. Poe, to amend chapter 26, Battle’s 
Revisal. Judiciary. 
i. Mr. Holton, to amend section 14, Code of 
Civil Procedure. J udiciary. 
Mr. Green, of Franklin, by request, to 
revent jive stock from running at large in 
Kittrells township, in Vance county. Pro- 
“positions and grievances. 
_ Mr. Leazar, relative to the sale of liquor 
near Bethel Paptist church. Propositions 
nd grievances. 
Mr. Tomlin,-to prevent the felling of 
trees in South Yadkin river. Propositions 
and grievances. 
Mr. Stringfield, to prohibit the sale of 
giior near Zion ¥ ethodist church, in Wir- 
ren county. Propositions and grievances. 
Mr. Baum, to establish the line between 
yde and Tyrrell counties. Propositions 
and grievances. 
_ Mr. Barrett, supplemental to an act re- 
lating to live stock in the counties of 
Greene and Lenoir. Propositions and 
grievances. 
_ Mr. Grissett, relative to the sale of liquor 
Propositions 


in the count y of Brunswick. 
and grievances. 
_ My. Sherrill, to incorporate the Statesville 


and Cutawba Toll Bridge. Corporations. 
_ Mx McLoud, to incorporate the town of 
Arden Corporations. 
_ Mr. Hardy, to prohibit the use of Dutch 
or pound nets in the waters of Carteret 
eounty. Fish interests. 
_ Mr. Bunn, to incorporate Stanhope Acad- 
my, in Nash county. Education. 
_ Mr. Overman, to amend the act incorpo- 
ating the town of Enochville. To incor- 
porate the Salisbury Water Works Com- 
any. To prevent the felling of trees in 
rant creek. 
Mr. Bower, to authorize Mariah E. Mc- 
all, administratrix of R. R. “cCall, late 
sheriff of ( aldwell county, to collect back 
taxes. 
SPECIAL ORDER 
this hour was then taken up, it being 
act to incorporate the town of South 
3, in Camden county, and passed second 


CALENDAR 
en ay pea and the ta bills 
‘f Q ( 


by which the Wake county stock bill failed — 
to pass its second reading. 

Mr. Powers, of Cumberland, moved 
lay that motion on the table. 

The motion to table was lost. 

The motion to reconsider prevailed anc 
the bill was withdrawn. 

To incoporate the town of Maiden, i 
Catawba county, passed third reading. 

To enable Cumberland county to build a 
free bridge across the Cape Fear river, 
passed third reading. i 

To authorize Tyrrell county to levy 
special tax. Passed its third reading. 

To incorporate town of Ferry. Passe 
its third reading. 

Mr. Crouse moved to reconsider the vote 
by which the bill relating to the townshi 
lines in Lincoln county were laid upon the 

table. The motion prevailed. 

Mr. Crouse called the previous quesiion 
and Mr. Thompson moved to lay that 
motion on the table. The motion to table 
prevailed. 

To regulate transcripts on appeals. Passed % 
its third readings. 

To repeal the act making the killing of 
live stock by the cars indictable. 

Mr. Crouse said: This is a question in~ 
which my people have an interest; and I 
desire to say that I do not see why such 
great interest is manifested here to relieve ff 
the railroads, when I have never heard of 
any complai nt by the railroad authorities as 
to the workings of this law. As the law is 
now all lawsuitsare avoided. If this law is 
repealed, then all suits for the killing of | 
stock will have to be brought in the Supe 
rior Courts, requiring an attorney, and 
loss of time, which will cost more than 
their stock is worth. Our people do not 
want lawsuits with railroads, andI do hope 
this bill willl not pass. ‘ 

mr. Ray spoke against the bill. ; 

Mr. Ray moved to table, which was 
carried. ch 

Mr. Crouse moved to reconsider and t 
lay that motion on the table, which wai 
carried. F 

To amend and re-enact chapter 158, laws 
of 1881. Relates to the New River and © 
Danville Railroad Company. Second read 
ing. 

‘To build a Governor’s Mansion. 

Mr. Holt explained the bill. 

Mr, Stanford hoped, as a North Caroli 
nian, that this bill would pass, and giv 
North ‘ arolina what every other State i 
the Union had. 

Mr. Powers, of Cleaveland, was in rere 
of the bill, but wished to know what the — 
cost would be. * =a) 

Mr. Wilcox hoped the bill would pass, an 
that the old mansion would be sold, so tha 
people would stop calling it the mansion, 
for he was ashamed of it. 

Mr. ea Ree that while the 2 





154 


did not appropriate anything, yet it neces- 
sitated an appropriation for other purposes. 
He thought we ought to be cautious how 
we voted or appropriated the state’s propert 
for any purposes, and spoke of the condi- 
tion of the State library and other State in 
terests that needed money. - 

Mr. Holt was in favor of economy, as 
much so as any man, but did not believe in 
being penny wise and pound foolish. No one 
wanted a Governor to be put down in a 
twenty dollar boarding house, where, when 
you wanted to see him out of his office 
hours you have to get an officer with a 
search warrant to hunt him out. 

* r. King. opposed the bill, because he 
thought it foolishness to build a $20,000 or 
$30,000 mansion for the Governor to live in 
on his present salary; that if we were able 
to pay him what we ought to he would be 
in favor of the bill. 

Mr. “icLoud said it was not right to 
make the Governor board in a second rate 
hotel. That he did not know but what he 
might be called upon as some other one in 
this House to make the sacrifice of being 
Governor in ’84. That if he took it -and 
had to board he should be waited upon and 
spoiled to death if he lived the term out. 
He hoped the bill vould pass. 

¥r. Sutton thought this a matter. of 
magnitude; he was certain that he would 
never be Governor from the vote of 1880. 
That we ought to build the new ¥ansion 
and if the gentleman from Buncombe be- 
came Governor, he was a friend of his, and 
was certain he would get a position under 
him. (Great laughter.) He said that the 
gentleman insinuated that he did not board 
at a first-class hotel, and he was certain of 
one thing, that he, (Sutton) would never 
get the chance to board at the same place. 
He hoped the bill would pass. 

The bill then passed its third reading ; 
ayes 86, nayes 17. 

To amend the charter of the town of Lex- 
ington, passed its third reading. 

o amend chapter 135, laws of 1879, pass- 
ed its third reading. 

To amend chapter 25, laws of 1880, passed 
its third reading. 

To establish a mortuary table, passed its 
third reading. 

A MESSAGE 


Was received from the Governor trans- 
mitting a communication from the trustees 
of the University. 

wr. Peebles moved to appoint a commit- 
tee to make recommendations to the Legis- 
Jature, of two on the part of the Senate, 
and three on the part®of the House. 
Adopted. 

OALENDAR (resumed. ) 

To incorporate the town of Palmyra, in 
Halifax county, passed its second reading. 

The House then adjourned. 


Proce:dings of the General Assembly of North C 










NIGHT SESSION. a 

The following bill passed second read-— 
ing to incorporate town of Stanton. a 

he following bills passed third reading: 
for relief of Mrs. Elizabeth Pratt ; toamend 
act incorporating Biddle Institute; to es- 
tablish dividing line between Clay and — 
Cherokee; prohibiting sale of liquor near — 
certain churches in Caldwell ; to incorpo- 
rate town of Sharpsburg; to require rail- — 
roads to keep up cattle guards; to pro- 
hibit sale of liquor near certain churcues in” 
Mitchell county. 

The following bills were tabled: To sub- 
mit the question of the sale of liquor to the 
voters of Statesville; to establish 12 judicial 
districts; to repeal the law in relation to the 
sale.of liquor near Wake Forest College. 

The following bills were introduced: To — 
incorporate the Carolina Wharf, Warehouse 
and Compress Company. 


THIRTY-EIGHTH DAY, 
Tuurspay, February 15. 


Senate called to order at 10 o’clock. 
PETITIONS. , 

Mr. Webb, against felling trees in Beaver 
Dam creek, in Cleveland county. Also pe- 
titions from citizens of Rutherfordton 
against repeal of the local option law. 

Mr. Neill, from citizens of Yancey, ask- 
ing relief for the blind of the State. 

Mr. Eaves, from citizens of Rutherford- 
ton, asking for repeal of local option law. 

Mr. Graham, from citizens of Laurinburg, 
asking for repeal of the purchase tax. 

BILLS. 

Mr. Linney, bill to encourage the build- 
ing of a railroad from some point on the 
Western North Carolina Railroad via Tay- 
lorsville, Wilkesboro and Patterson to the 
Virginia and Tennessee line. 

r. Goodwyn, bill for increasing number 
of jurors in Hallfax. 

Mr. Black, bill to authorize and instruct 
the Treasurer of the State to pay to tle 
Treasurer of Moore county amount due ~ 
said county, for maintaining outside luna- — 
tics during the year 1877. 

Mr. Morehead, a bill to amend chapter 
234, laws 1881, with petition from citizens 
of Guilford an@ Alamance, asking a pro- 
hibitory law in two miles of Mt. Pleasant 
Male and Female School. 

Mr. Dortch, a bill to amend the charter 
of the city of Goldsboro. 

Mr. Webb, a bill to prevent the felling of 
trees, &c., in Beaver Dam creek, in Cleve-— 
land. 

Mr. Toon, by request, a bill to incorpo-. 
rate the Acme Magufacturing Company. _ 

Mr. Payne, by request, bill to amend 
chapter 33, private laws of 1881. 

Mr. Pemberton called up bill to incorpo- 
rate the Yadkin » ineral Springs Academy. 


: 


















Wik. 



































MAY, it ; 
tanley county, which passed third read- 
ng and was ordered enrolled. 
Mr. Evans, bill for the benefit of the 
farmers in Caswell. 
“Mr, Pinnix called up the bill allowing 
- charter to the Thomasville and Silver Valley 
ailway Company, which passed its third 
eading. 
- On motion the unfinished business of 
yesterday went to the calendar and the 
“special order came up, being the bill for 
creating a railroad commission. 
‘Mi. Pinnix asked attention that the mi- 
-nority bill would come up first. 

“vr. Dortch thought differently, the first 
thing was to perfect the original bill. There 
- was a scattering discussion as to which bill 
- ghould have the preference. Mr. Pinnix 
and Mr. Clarke, referring to Barclay’s Di- 
gest and contending that by all parlia- 
- mentary practice the minority should be 
- first considered. ¥r. Pirnix said it was so 
' in the House and had been the practice in 
. the Senate. . 

i ur. Dortch denied that it ever was the 

practice in the Senate, and based his de- 
cision on the general principles of parlia- 
mentary law. 

The chair held that the bill recommended 
by the minority of the committee should 
have been presented as a substitute for the 
pill of the majority, this not having been 
done, he was of opinion that the question 

was first as to pending amendments to 
_ the majority bill; this latter point, however, 
was true in law, even if the substitute was 
pending. 

The majority bill was taken up, and Mr. 
Dortch spoke to amendments, the first be- 
ing to provide an expert for the commis- 
sioners for inspection purposes, and for the 
railroads to carry them free when on ofti- 
cial business; he was for making the clerk’s 
salary eighteen hundred instead of twelve 
hundred dollars, so as to secure an expert 
in the freight business; he was for striking 
- out section 16, which provides that the 
commissioners may prescribe a time sched- 
ule for passenger trains on all railroads in 

this State. (Here Wr. Pinnixfrom his seat, 

said that everybody else was in favor of 
striking that out.) Mr. Dortch said he was 

glad to hear that such was the mind of the 
Senate. He then spoke briefly to the main 
pill, saying he was in favor of adopting the 
“majority report, and succinctly giving his 
reasons therefor. As to the salary paid the 
commission, he said, that a railroad presi- 
dent had told him they would rather give ten 
_ thousand dollars a year and secure a com- 
- petent man, than fifteen hundred a year and 
get abadone. Mr. Dortch said he should 
say no more, as he did not believe in mak- 
ing speeches, and thus consuming the work- 
g time of the Senate. 
__ Mr. Purnell took the floor and spoke of 

é legal inabi he Legislature to -dv 











gular Sessicn, 188 








| do so, but don’t pass this commission 





4 












































3. 


point a commission that would prove of 


any real use. The tariff of rates 
and of fares was the only thing ~ 
material to be altered or _ restrained 


and the Legislature was precluded from 
this. He had exploded the minority report 
as presented by the Senator from Davidson 
and now he would turn to the majority re- 
port, which was but little better, not worth 
the paper it was printed on, and avery poor 
article of paper at that. He dissected the 
sections as to the clerks and the salaries. 
This railroad commission looked like they 
were putting up a can of condensed milk 
for somebody, a sugar plum for some pet. 
Shades of Gaston defend us! Ruffinhard at 
work, and the other Supreme Judges at 
only $1,500 ayear, and these gentlemen at 
a salary of three thousand a year to do noth- 
ing. He spoke at some length, referring to” 
the ‘‘fancy” provisions of the bill. i 
Mr. Pemberton said this railroad commis- 
sion was all for itself and nothing for the 
people. It reminded him of the little boy 
with a sore toe, who met another little boy 
with three red applesin his hand. Said the 
first littleboy: ‘John, if yowll give me 
one of your red apples P’ll show you my — 
sore toe.” [Laughter.] He did not believe — 
there was any necessity for a commission ; 
he did not believe that railroads ought to 
discriminate, but he had heard of no dis- 
criminations by any roads that we had 


control over. If we can’t regulate 
the freights, let it alone. Iiiiwerg 
can regulate it by legislation, then — 


if it ig not to be of material benefit to th 
people. Why, it would sound very funny 
to his people, these gentlemen getting three 
thousand a year for doing no more than 
this bill provides, and it would take a long — 
time to explain it to them. He saw gentle 
men on the other side smile, he knew if this 
commission should prove a flash in the pan, 
as he feared it would if thus created, tha’ 
there were some men mean enough in 
North Carolina to hold the Democratic — 
party responsible for it. (Laughter.) H 
was in favor of regulating freights and pas 
senger tariff, but this bill did not do it. He 
made the point that to tax the railroads 
alone for the expense of the commission — 
was in violation of article 5 of the constitu- 
tion. : 

Mr. Womack said he thought differently 
from the Senator from Wake. The people 
demanded the appointment of this com- 
jnission. He gave cogent reasons for not 
scouute the provisions of the minority 
Will. 

he Senator from Davidson wus pleased 
to say of the majority report that in it 
the people had asked for bread and they 
were given a stone. He would say if the © 
provisions of the minority report wer 
adopted the people would ask for bread 


t 









Se 


ee = 


=e as > ee > 


156 


and be given ar indigestible crust, they 
would ask for fish and be given a bone that 
would stick in their throats the rest of their 
lives. He held that on all roads that had 
maximum rates the Legislature was empow- 
ered to prevent. discrimination. 

Mr. Clarke said if the Senate passed a 
law, pass one that had some power in it. 
They might as weil erect a golden statue and 
place it in iront of the capitol with the 
words written on it, ‘‘l am the railroad 
commission of North Carolina,” as a com- 
mission as much shorn of power as this 
majority bill proposed tocreate. He spoke 
earnestly and at iength against the bill and 
in favor of the minority report. 

Mr. Ramsay moved to postpone the ques- 
tion and further discussion to next Tuesday 
and make it special order for 11 o’clock that 
day. The motion prevailed. 

Message received from ihe Governor, in- 
forming the Senate of vacancies on the 
Board of Trustees of the University, and 
suggesting a committee for suggesting suit- 
able names for the same. Messrs. Hilland 
Strayhorn were appointed as the committee. 

House message proposing a joint confer- 
ence on a prohibition bill, ‘‘three miles 
church clause” for Madison county. Mr. 
Ebbs said he did not think when he can- 
vassed Madison in the prohibition campaign 
that he would ever find a prohibitionist 
there, as the member in the House was, op- 
posing a clause prohibiting the sale of 
liquor in three miles of a church, as that 
member was now. The Senate concurred 
in the proposed conference. 

Mr. Purnell, bill to authorize the com- 
missioners of Wake to levy a special tax. 

Bill for establishing a graded school at 
Monroe, in Union county. Passed its 
second reading. 

Bill to incorporate Globe Academy, in 
Caldwell county. Passed its third reading. 

Mr. Webb moved that Mr. Watson’s road 
bill, and the bill of Mr. Alexander re- 
lating to roads and highways, be made the 
special order for next Wednesday at 12 
o'clock. Ordered. 

Bill to amend the charter of the city of 
Newbern, passed its second reading—yeas 
24, nays 9. 

Adjourned, 

Nore.—On the special order for the bill 
electing school committeemen yesterday, 
Mr. Dotson was reported as saying he could 
not see that it was unconstitutional. This was 
a mistake, Mr. Dotson said nothing on the 
bil, it was Mr. Lovill who said it, and the 
reporter meant to have reported it Mr. 


‘Lovill at the time.] 


HOUSE OF REPRESENTATIVES. 
Tuourspay, February 15, 1883. 


The House metat 10 o’clock, Speaker 
Rose in the Chair. 


Proceedings of the General Assembly of North Carolina, 








PETITIONS 
were introduced as follows : 

Mr. Liles, for the repeal of the local pro- 
ibition law of Polkion. Anson county. 

Mr. Glenn, from Vance county, against 
the levying of a special tax. ’ 

Mr. Williamson, from liquor dealers in 
Columbia county. 

vr. Montgomery, from liquor dealers in 
Vance county. 

Mr. Patrick, from Tyrell county, concern- 
ing local prohibition. 

Mr. Hardy, from Carteret county, con-- 
cerning Dutch nets. 

Mr. Byrd, from Yancey county, relating 
to the sale of liquor in a certain locality in 
Union county. 

Mr. Thompson, from the town of Rich- 
land, asking that the charter be amended. 

Mr. wicCurry, relative to the appointment 
of magistrates: 

BILLS 
were introduced, read, passed their first 
reading and referred as follows: 

Mr. Smith, to provide for the working of 
the public roads of Wayne county by taxa- 
tion. Railroads, post roads and turnpikes. 

Mr. Byrd, to authorize Yancey county to 
pay certain teachers. Finance. 

Mr. Stewart, relative to the State settling 
with Harnett county. Finance. 

Mr. Temple, to prevent obstructions to 
Neuse river. Propositions and grievances. 

Mr. Patrick, relative to the sale of liquor 
near certain churches in Tyrrell county. 
Propos:tions and grievances. 

Mr. Bunn, concerning fences. 
tions and grievances. 

Mr. Johnson, of Johnston, to prevent 
the obstructing of Swift and Middle creeds. 
Propositions and grievances. 

wir. Tate, to establish a new county by 
the name of Lee. Propositions and griev- 
ances. 

‘ Mr. Worthington, to amend the charter 
of the Granville Railroad Company. Inter- 
nal improvements. 

Mr. Hardy, to establish a graded school 
in Beaufort. Education. 

Mr. Green, of New Hanover, to amend 
chapter 141, laws of 1881. Education. 

Mr. Overman, for the advancement of the 
mining and mineral interests of North ¢ ar- 
Olina. " Agriculture, mining and mineral. 

Mr. McAllister, for the protection of far- 
mers of this State. Agriculture, ete. 

Mr. Brown, to incorporate the town of 
Smithfield. Corporations. 

Hr. Harris, of Davidson, to incorporate 
the Baltimore Gold and Silver Mining and ~ 
Smelting Company. Corporations. 

Mr. Johnson, of Craven, to incorporate 
the Newbern Star Band. Corporations. 

Mr. Thompson, to amend chapter 8, laws — 
of 1880. Corporations. 

Mr. Ray, to incorporate the town of 
Franklin, in Macon county. Corporations. 


Proposi- 



























fe , 
_ Mr. Williamson, for the protection of 
land owners. Judiciary. 

_ Mr. Standford, to regulate partition of 
realestate of tenants in common. Judi- 

‘cia a 
¥ Mr McCotter, to amend chapter 354, laws 
1881. Judiciary. 

' Mr. Newell, to amend the law of laborers 
‘liens. Judiciary. 

_ Wr. Forbis, to allow the qualified voters 
‘of Guilford county to choose their own 
form of county government. Judiciary. 

_ Mr. Bailey, of »ecklenburg, by request, 
toamend chapter 157, laws of 1868~69. 
| Finance. 

_ wr. Sherrill, to amend chapter 24, private 
‘laws 1881. Calendar. 

Mr. Strudwick, to prohibit the sale of 

‘liquor near a ¢Gertain church in Durham 
oeounty. Propositions and Grievances. 
’ OALENDAR 
“was taken up and the following bills dis- 
posed of as follows : 
Resolution instructing members in Con- 
“gress to secure an appropriation for Bay 
River and to bill a light house. 
_ mr. Bower said in the light of recent ex- 
perience I think it wise for us to let River 
and Harbor bills and resolutions severely 
alone. The people of the U. S., not long 
‘since sat down upon our Congress for open- 
ing up rivers, and improving fish ponds. 
He hoped the House would sit squarely 
down on the resolution. 
' The resolution was further discussed by 
“Messrs. Overman, ~cLoud, ‘ate, Sutton 
and others after which the resolution passed 
third reading. 


























SPEOIAL ORDER 

being a substitute for an act to repeal a 

‘portion of chapter 117, laws 1879. Tabled. 
my. OALENDAR (resumed. ) 
~ Mr. Powers, of Cumberland, moved to 
‘take up the contested election case of 
Moore vs. Williams from Granville. 
_ Mr. Wilcox, moved it be made the special 
“order for to-morrow at 11 o’clock. 
Mr. Holt moved to amend by making it 
‘the special order for to-night at 7:30 o’clock, 
Which was adopted. 
' To incorporate the town of Sharpsburg. 
Passed its third reading. 
q MESSAGES 
were received from the Senate informing 
the House that the Senate had passed the 
following bills : 
_To amend the charter of the town of 
' Kings Mountain. 
- To quiet titles to real estate. 
_ To change the time of holding the courts 
of the ninth judicial district. 
ae establish graded schools in Enfield, 


elating to Mt. Holly, N. C. 
© provide for the sale of the State’s in- 
st in the Cape Fear and Yadkin Valley 





At its Regular Session, 1883. 





157 


OALENDAR (resumed. ) 

To incorporate the town of South Mills, 
in Camden county, passed its third read- 
ing. 

‘To re-enact and amend the charter of the 
Danville and New River railroad, passed its 
third reading. : 

SPECIAL ORDER 

For this hour was taken up, it being an 
act to amend chapter 274, laws of 1876-77, 
informally passed over. 

CALENDAR (resumed. ) 

To incorporate the town of Palmyra, in 
Halifax county, passed its third reading. 

To incorporate the Hoffman and Troy rail- 
road company. 

r. Robins moved that the bill be 
printed. 

Mr. Strudwick moved to amend by mak- 
ing it the special order for to-morrow night 
at 8 o’clock, which was carried. 

To authorize Caldwell county to offer a 
bounty for killing certain predatory ani- 
mals, passed its third reading. 

To empower McDowell county to com- 
promise and compute the debt of McDowell 
county. Second reading. 

To change the time of holding the courts 
in the counties of Surry and Stokes. Third 
reading. 

To incorporate the town of Stanton. 
Third reading. 

To amend chapter 60, laws of 1876-77. 
Third reading. ; 

To establish graded schools in Kinston, 
N. C. Second reading. 

To amend section 3, chapter 234, laws of 
1881. Omnibus prohibition bill. Third 
reading. 

To incorporate the town of Sassafras 
Fork. Second reading. 

To authorize Cabarrus county to levy a 
special tax. Second reading. 

To allow clerks of Superior courts fees in 
certain cases. Tabled. } 

Adjourned. 

NIGHT SESSION. 
House met at 7:30 p. m., Speaker Rose in 
the chair. 
OALENDAR 
was taken up and a bill to regulate the 
hunting of wild fowl passed third reading. 
THE SPEOIAL ORDER, 
the election case of Moore vs. Williams, 
from Granville, was taken up. 

Mr. Forbis submitted the majority report 
for the committee, which stated that Moore 
was duly elected and should be seated in 
place of Williams. Mr. *'cLoud and Mr. 
Stanford tendered a minority report, which 
stated that Mr. Williams should retain his 
seat. 

Speeches in favor of the minority report 
were made by \essrs. \)cLoud, Stanford, 
Bann and others. 

Speeches in support of the majority re- 









158 


port were made by Messrs. Holton, Green, 
of New Hanover, and others. 

A vote was taken ata late hour, resulting 
in the adoption of the minority report; ayes 
49, nays 48. 

HOUSE OF RHPRESENTATIVE. 
THURSDAY EVANING, February, 15. 
ELECTION OASE. 

Moore vs. Williams, from Granville, Mr. 
Porbis for the majority of the committee 
reported in favor of Moore. 

Mr. \ c.Loud in behalf of the minority of 
the committee submitted a report and the 
following resolution : 

Resolved, That A. H. A. Williams, sit- 
ting member from the county of Granville, 
is entitled to retain his seat upon this 
floor. 

Mr. McLond spoke at length in favor of 
the resolution. He sustained the min- 
ority report throughout. The Brassfield 
vote ought to be counted. The 
people had voted there, and their ballots 
ought not to be rejected because 
of any technicality. The House must 
seek to arrive at the will of the voters 
and give effect to that will when well ds- 
certained. This was the first principle 
underlying popular elections. The vote of 
the Brassfield box ought to be counted. 
When counted it changed the aspect of the 
case, and gave to Mr. Moore an apparent 
majority of twenty-one. At Fishing Creek 
there were seven men allowed to vote who 
voted for Moore. The point in this case 
was were they entitled to vote in Granville 
county? Were they residents of Granville 
county or did they live in Vance? The 
evidence to his mind was that they lived in 
Vance county. He recounted the evidence at 
length, and came to the conclusion that 
these votes of these men had been improp- 
erly counted for “oore. Rejecting: their 
yotes, Moore had but 14 votes on the face 
of the returns. Coming then to the Tally 
Ho box he detailed the evidence in relation 
to the voting there. Stickers were used. 
Roberts, a witness, had declared that he 
had prepared fifty or more tickets by _past- 
ing stickers with the name of A. H. A. 
Williams over that of James I. ¥ oore. He 
had declared that many of these tickets 
were voted. The evidence was that sticker 
tickets were voted. Some of these stickers 
fell off in the box. They could only have 
gotten there, according to the evidence, by 
having fallen off from the ballots on which 
they had been pasted. That was a point in 


the case. Considering the case as a juror, 
Sworn to ty it on the evidence, 
he had felt bound to say _ that 


under the evidence these stickers had falien - 


from the ballots and had become separated 
in the ballot-box. The voter had voted. He 
had expressed his will. Shall we give effect 
to that will? Shall the House count the 


Proceedings of the General Assembly of North Carol 







































ballots as cast by the voters; 
question. For him&elf he é 
doubts. He was constrained 
dence to say that the contestant had 
made out his case. The sitting member 
wis in. He was entitled unless the con- 
testant made out a better case. ; 
contestant. has failed to do. 
aspect of the case Williams was elected ac 
cording to the lawful ballots cast by fro 
one to six votes. There could be no escape © 
from this conclusion. He therefore se 
forward the resolution to that effect. 

He clearly and concisely showed wherein 
Williams was entitled to his seat; th 
resolution ought to be adopted. 

Mr. Holton said he was one of the com- ~ 
mittee who signed the mao report. | 
That the committee had caxefully investi- 7 
gated the case, by hearing the evidence, © 
and that after considering the same had | 
by a majority of six to two votes ar ~ 
rived at the conclusion that Jas. L. ‘oore™ 
was entitled to his seat on this floor. That 7 
there ~vere four questions before the com=~ 
mittee, viz: First, Should Brassfield box © 
be counted? The committee, after having 
carefully considered that part of the evi-~ 
dence, decided that it should be counted, 
which gave “oore a majority of 21 votes at © 
that box. ‘ 

Second, Should the yotes of certain vo= 
ters, whose names were on the old registra- | 
tion book, but not brought forward on the © 
new book, be counted. The committee de- — 
cided not to count them, which left  oore © 
still 21 votes ahead, and Williams with that — 
number to overcome. a 

Third. Should the seven votes in Fishing 
Creek township be thrown out because i 
was alleged that they lived in Vance county. 
The committee decided that the evidence ag” 
to the line between Granville and Vance™ 
was not sufficient to justify them in saying © 
that these parties lived in Vance county, so | 
they did not throw these votes out, and that 7 
left Moore 27 votes ahead; that the evi- © 
dence as to whether they lived in Vance or ~ 
Granville was merely hearsay, and that 
therefore the committee had deeided not” 
to consider it, and hence they had not 
thrown these seyen votes out. a 

Fourth was the Tally Ho question of 
stickers. “ The‘ minority claimed seven 
votes atzthe Fishing Creek box and then 
would take fifteen more to enable the s 
ting member to retain his seat and th 
claimed them at the Tally Ho box becau 
there were fifteen stickers in the bottom of 
the box. That the votes counted for Moore © 
were on the regular ticket and the question © 
before the committee was how could they” 
take from Moore these votes on a regular 
ticket and give Williams these stickers” 
votes that simply had his name on them: 
and nothing more. That the only eviden 
as to whether the stickers had been place 







of the “nigger Roberts” that he had put 
stickers over the name of Moore; and that 
. of Jones, that when ballots came out of the 
box there were some stickers over 
Moore’s mame. That if the evidence 
' of the nigger Roberts was correct 
4 then * oore’s vote ought to have been be- 
- low that of Jenkins’, whereas it was in one 
a vote of it, which showed that the stickers 
_ were over either the name of Jenkins or 
some other Republican at this box. ‘That 
the nigger Roberts swore that he voted five 
men who plz ced these sticker over Moore’s 
name, and Jones swore that some of that 
» kind came out of the box. That these 
' loose stickers ought not to have been 
* counted at all, and that as they were 
counted for Williams he got more than he 
was entitled to, and that there was no 
reason why the number of these loose stick- 
ers should be subtracted from Moore’s 
; vote.. That in view of these facts 
the majority of the committee were 
mwoL, the opinion thatMoore was elected 
B by amajority of twenty-one votes. Hedid 
not see how any one could arrive at any 
fyber conclusion. 
vr. Stanford said that the gentleman 
from Yadkin (Mr. Holton) had given but 
one argument to show that the majority re- 
port should be adopted, that of six’ to 
' two. That the old idea of eight to seven 
' seemed tobe the burden of his ‘thoughts and 
» remarks. Hehad spoken of this colored man 
as ‘that nigger Roberts” some twenty or 
thirty times; but if Roberts’ testimony had 
been in favor of Moore he would, in the 
_ gentleman’s opinion, be the purest man on 
é rth. The testimony shows that Roberts 
told the truth. Roberts said he placed the 
‘stickers over the middle name on the Re- 
publican ticket, and the evidence showed 
that was the name of “Moore. He was sat- 
- isfied that Roberts made no mistake, for if 
' there were anything on earth that a colored 
' man was particular about it was his vote. 
That suppose Roberts had been a Republi- 
_ can and was in the Republican convention ; 
that men often changed their political affili- 
4 ations—and that we had living examplesin 
' the Liberals on this floor. The testimony 
of the Republican (Mr. Jones) showed that 
y Roberts told the truth. That Jones said 
that when certain colored men came up to 
“vote that it was said, ‘‘Here come some 
more Williams stickers ; ” that they voted 
) the Republican ticket with ‘Williams stick- 
ers” over the name of Moore. Hence these 
| stickers must have gone in there over the 
) the name of Moore, and he did not see how 
_ any man could say other than that. Williams 
as elected. Jones was.a poll-holder and 
‘the votes placed in the box, and if 
re had been any illegal votes put in he 
ild have known it. 
om the Tally Ho box, and the evi- 











\ 





















’ were voted at ‘that box for Williams over | 





“Roberts-was drivene 





dence showed, beyond doubt, that stickers 







the name of Moore. That seven men who 
voted for Moore at Fishing Creek were res- 
idents of Vance county and not entitled to 
vote in Granville. Mr. Hobgood had swo 
that he visited them at their homes and 
that he knew the line, and that they lived 
in Vance couniy. That all the evidence 
taken together showed that Williams was ~ 
elected by from one to two votes. If the 
statements of Roberts and Jones were un 
true, why did not Moore disapprove them. 
He was <atisfied that Williams was elected _ 
and would advocate it, even if he stood 
alone in the matter. a 

Mir. Green, of New Hanover, wished to 
do noman harm. He thought there was 
but one feature in the question, that of 
these stickers found separate and loose in 
the box. In his mind loose stickers ought 
not to be counted against the regular tickets — 
placed in the right box which, in law,” 
should be counted. It was plain that these 
stickers should not be counted,for there was ~ 
on the ticket of Moore no evidence of muci- 
lage or erasure. 

fr. Bunn said that it was the duty of 
this House to ascertain the will of the peo- 
ple of Granville county and to carry it out. 
When the voters pasted a Williams’ sticker 
over the name of Moore, they intended 
those votes for Williams and not for Moore. ~ 
He offered as a part of his remarks aflida- ~ 
vits which showed clearly the line be 
tween Vance and Granville, and that seven 
men who voted for Moore in Fishing Creek ~ 

























ry 
lived in Kittrell’s township in Vance county. 


Mr. Bunn then said that no man af- | 
ter having taken the solemn oath of office ~ ; 
; 


asa member could say that “Moore ought 
to have those votes. He then offered an i 
affidavit as a part of his remarks, showing ~ 
that at the Tally Ho box Williams’ stickers F 
were voted over the name of Moore, and 
that when counted out there were fifteen or ; 
twenty. of these stickers having the appear-~ 
ance of having come off, and that about the 
same number of Moore’s tickets appeared 
as though they had been smeared over with 
mucilage. 

Mr. Bunn said that the question of the ~ 
gentleman from Yadkin as to why the tick- 
ets if smeared had not been observed tobe ~ 
so when counted, was answered by this 
evidence, and that he was surprised that * 
the eentleman who had been several years | 
in polities should be so ignorant of the ’ . 
habits of our people in elections as to in 
quire why the tickets were not produced. 
That the reason the tickets could not be 
produced in evidence was that as soon as _ 
they were counted they were torn up in the 
presence of the poll-holders by one of 
them. That these men were sworn officers, 
poll-holders, and no ticket could have 
gotten in the box without their Knowleaeey Py 














‘ tor Lee 


i ' ' 
n 160 
ih 
He was satisfied that A. H. A. Williams 
' was elected, and ought to be retained in 
} his seat; that the burden of proof was on 
* Jas. I. “'oore, to show that he (Moore) was 
: elected, and not Williams, and that he had 
» hot succeeded in making out his case. 
' Wr. Bunn made a powerful presentation of 
| “yr, Williams case, and set it in strong terms 
before the House. 
| Vix. Holt said it was difficult to male 
stickers stick on print; and gave as an ijlus- 
tivation the difficulty he had frequently had 
in sticking stamps on bank checks when 
there was printed matter on them; said he 
had some personal knowledge of, these 
Stickers in the last campaign; that his 
friends had used them, and that he gave a 
man a bottle of mucilage to stick them on 
with, and that it was « hard matter to make 
{hem stick even then. 

‘ry. Simmons though a lawyer would not 
speak of this matter as a lawyer, but as. 
juror. It was clearto his mind that the 
case of Williams, the sitting member, had 
been made out. That if there was 
a doubt he should give the Demo- 
erat the benefit of it. But there was no 

doubt, for Williams’ case was already made 

out. The testimony showed that at Tally 
Ho Roberts was using these stickers, and 
that when voted they were over the name 
of Moore; that they went into the box in 
that way, and that when counted they were 
separate, which showed that they came off 
in the box. The evidence pointed to the 
only conclusion possible, that Williams was 
elected. 

Mr. Wilcox said: I have objected to the 
evidence that has been so adroitly wired 
into this case by the gentleman from Nash. 

The committee, who have had -this matter 
of election contest before them for two long 
weeks, have used every effort in their power 
to arrive at the entire facts, regardless of 
political bias, and as to the accumulation of 

3 ‘evidence we have given the widest range to 

' the gentleman from Granville, and ‘have 

heard his evidence patiently. He finally 
closed his case. and announced to the com- 

' mittee that he was satisfied with his evi- 

dence asintroduced. The contestant also 
closed, and the committee retired to delib- 

- erate, in which a decision wasarrived at by 

the majority of the committee, that James 
_ TI. Moore was undoubtedly entitled to his 

"seat. After this decision Wr. Williams 

_ 4gain approached the committee and asked 

» that the case be again reopened in order 

) that he might introduce new  evi- 

- dence to sustain his position. But 

* the committee, six to two, decided that 

; “Mr. Williams was trifling with the commit- 


‘tee, and therefore decided not to allow the 
_ case to be reopened. And,-to-night, sir, 
_ When this tiouse decides to allow the gei— 

 tleman from Nash to introduce this exparte 
evidence as a part of his speech, to the in- 






TP tic hile hn 


Proce:dings of the General Asscmbly of : 



















q i 
vs ‘ : 


wy 
orth C 
Eat 
jury and prejudice of the contestant’s ’ 
1 feel it my duty to raise an objection to — 
this unheard of proceeding. If this House ”— 
of Representatives is going to allow this 
new evidence to have any weight in its 
decision upon the ease, I think that itwould 
be great injustice not to allow J. I. Moore 
time to procure evidence of rebuttal. and 
upon that [ move that the case be post- 
poned until Wednesday next at 11 o’clock. 
Mr. Bunn was opposed to the motion 
to postpene; the gentleman from Ashe — 
knew of the affidavits he introduced andof 
their contents. ‘That the consideration of 
this matter had been pressed upon the 
House by that side. That the men who ~— 
made the affidavits were here ready to tes—- 
tify before the committee, and were doubt- — 
less excluded from so doing by the vote of 
the gentleman from Ashe, who now asked 
to postpone, saying it took him by surprise. 
dir. Bailey, of » ecklenburg, could not ,— 
sce how any gentleman could or would be 
prejudiced by affidavits submitted as apart 
of the remarks of any gentleman. He was 
opposed to postponing. 4 
r. , cLoud called the previous question, 
and the call was sustained. e 
Mr. Wilcox’s motion was lost by a vote of 
33 to 64. 3 
r. Nixon did not vote on any of these 
questions, as he was paired with Yr. 
Cowell. 
Mr. Stanford was paired with Mr. Pow- 
ers, of Cumberland, and he did not vote. 
Mr. Bailey, of Mecklenburg, stated that 
he was related to Vr. Moore by affinity, and 
if there was no objection he would not vote 
on any of these questions. There was no 
objection oftered to his not voting. 
The vote upon the resolution ofthe 
minority of the committee retaining Mr. 


| Williams were as follows : 


Yxras.— * essrs. Abbott, Bailey of ¥ eck- 
lenburg, Uarrett, Baum, Beall, Bennett, — 
Brown, Bunn, Byrd, Crouse, Fulton, Gteen 
ot Franklin, Hardy, tiarris of Davidson, 
Holt, Johnson of Johnston, King, Law- 
rence, Liles, ‘cAllister, eCotter, %c¢- 
Curry, McLoud, \arsh, Matheson, Mathis, 
Overman, Patrick, Peebles, Posey, Powers 
of Cleveland, Ray. Reid of Gaston, Rey- 
nolds, Riggs, Robins, Sherrill, Simmons, 
Stewart; Stringfield, Strudwick, Tate, Tom- 
lin, Walker, Williams of Sampson, Wil- 




















liamson, Wilson, Wood, Worthington— 
yeas 49. 
Nays.—*essrs. Baker, Ball, Belcher, 


Bower, Bridgers, Bruce, Bryan, | ullock, 
ain, Candler, Covington, Cheek, Eaton, 
Yorbis, Frayser, Green of New Hanover, 


Grissett, Hamilton, Harrison, Hayes of 
Robeson, Hayes of Swain, Henderson, 
Hewlin, Holton, Jenkins, Johnson of 


Craven, Landreth, Leary, Lenoir, Lineback, 


Mitchell, Montgomery, Myers, Newby, — 
Newell, Phillips, Pittman, Poe, Proctor, 





Psa mle’ 


aa aa 








































ruitt, Sandifer, Speller, Steed, Stokes, 
Sr ton, Temple, Waddell, Wilcox—nays48. 
Mr. Bower spoke at length in expla- 
nation of his voie. He professed to 
be as ardent a Democrat as any in that 
hall, having inheriied a goodly amount 
of pure unadulterated Democracy. His 
ersonal and political sympathies were all 
with Mr. Williams, but from the eviderce 
“that came before the committee he was 
_ forced to the conclusion that “tr. Moore 
' wasduly elected. He could not stultify 
himself by going back upon his record in 
the committee room. Ever since the me- 
“morable election of 1876, he had hated the 
_ name of a returning board or anything that 
' looked Jike one. He hoped no uncharitable 
inference would be drawn from this re- 
mark. Hedid not mean to insinuate that 
Mr. Williams had set up a returning board, 
' but the face of the returns elected “r. 
Moore, and the figures had been so manipu- 
' ted and the vote. so eliminated as to make 
a prima fasie case for Williams, and upon 
' that case the certificate wasissued. He 
_ should rend party ties, and fling party con- 
 sideratious to the wind, to the end that sub- 
stantial justice might be done. 
» “r. Wilcox said: I arise to a personal 
_ privilege. I desire to ask permission to re- 
' tire from the committee on privileges and 
elections. I am prompted to this action 
- from the fact that the action of this House 
upon the case of Moore against Williams 
_is sufficient evidence to the majority of the 
' committee ‘‘that it is useless for them to 
' waste time from other important business 
- entrusted to their care by home constitu- 
_ ents,” by longer attendance upon these con- 
_ tested election cases. The voices of two me1 
- on this committee have been heard and rati- 
' fied, whilst six voices equally competent 
_ to render a verdict correctly have been dis- 
regarded and mercilessly overridden, I have 
' done all in my power to have justice done 
in this'case; whether it has or has not been 
done rests now with the people of North 
Carolina. *v duty is to submit to the ma- 
jority of this body, which I do; but, Mr. 
Speaker, I do it with a mental protest, and 
' egain ask that this House release me from 
further action upon the election committee. 
Mr. Lunn moved that Mr. Wilcox be ex- 
cused from the committee on privileges and 
elections; and that he be excused also from 
keeping the conscience of other men. 
* Onmotion of Mr. Holt, the House ad- 
“journed pending the consideration of this 


a 


_ [Norze.—We are requested to state that 
- Bledsoe, of Wake, was paired with Mr. 
‘Turner, of Moore. If vr. Turner had been 
present, Mr. Bledsoe would have voted for 
the contestant, ¥ oore. ] 








o’clock. 


for the same. 


65 es Bie ae. a Fi ae 


161 


SENATE. 
THIRTY-NINTH DAY. 
February 16. 
The Senate was called to order at 10 


PETITIONS. 

“Mr. Pemberton, from Stanley, asking for 
a stock law; also petition of citizens of 
Cabarrus, asking for a special tax to com- 
plete VcAdamized road. ; 

Mr. Costner, from citizens of Lincoln, 
asking prohibition in one mile of George- 
town school house. 

“yr. Evans, from citizens. of Caswell, for 
a stock law: Also a bill for a stock law 


Mr. Toon, from citizens of Robeson, 
asking repeal of the present rebates on 
freicht. 

Mr. Lovill, from citizens of Watauga 
county, asking for amendment as to law for 
turnpikes. 

Mr. Poole, from citizens of Washington, 
asking for a special tax. 

“Mr. Black, from citizens of Rockingham, 
Richmond county, praying against the pas- 
sage of the bill to amend its charter. 

BILLS. 

Mr. Lovill to amend law as to turnpikes. 

vr. Caho, to create a stock law in Pam- 
lico county. 

Mr. Linney, to authorize E. R. Stamps, 
president of the North Carolina Board of 
Direciors of the Penitentiary to make title 
to certain real estaie. Also bill for regula- 
ting ap lications to sue in forma paup- és. 

» r. Pemberton, to authorize the commis- 
sioners of Cabarrus to levy special tax. 

“1. Hill, petition of citizens of Duplin 
praying more court facilities. 

vr. Clark, bill requiring county commis- 
sioners to provide fire-pioof apartments for 
the records of their courts. 

Mr. Ebbs, to amend the act to raise rey- 
enue. 

Mr. Costner, to prohibit the sale of liquor 
in one mile of Georgetown school house, 
Lincoln county. 

'r. Neill, to prevent the felling of timber 
in certain streams in Yancey county. 

vr. Pemberton called up resolution au- 
thorizing the State Board of Education to 
examine and see if any back pay is due the 
Rey. C. H. Wiley, and to pay him if there is. 
Adopted. 

Bill to drain Dyker’s Creek, in Davidson, 
passed third reading. 

Bill to establish a graded school in the 
town of Vonroe, with amendments, adopted 
and passed third reading. 

‘ ill to amend the charter of the 
Newbern. 

My. Clarke spoke against the bill, and 
moved to indefinitely postpone it. 

Mr. Caho said the bill had been thor- 
oughly discussed, and he hoped the motion 
to postpone would not prevail. He called 





city of 





) 








162 


the previous question. This cut off the mo- 
tion to postpone, and the question came up 
on the passage of the bill. It passed third 
reading—ayes 21, nays 9. 

Bill to amend the laws as to the town of 
Beaufort, giving it a mayor and eight com- 
missioners. 

Mr. Clarke opposed the bill as wrong, be- 
cause after allowing the people of the wards 
to elect five commissioners, it allowed these 
commissioners to elect three others. He 
moved to strike out that clause. 

Mr. Caho said the bill was exactly what 
the people of Carterct wanted, and as so 
expressed by their Senator here, and their 
member in the House. 

Mr. Clarke said he spoke for a large num- 
ber of the people of Beaufort and of  ar- 
teret. They had requested him to oppose it. 

Mr. Caho said Sheriff Jones, of Beaufort, 
was now here and hesaid his people wanted 
the bill, and no one there was opposd to it 
save possibly a few colored people. 

Mr. Clarke moved to lay the bill on the 
table. 

Mr. Caho called the previous question. 
The bill passed its third reading. 

House bill 169, Senate bill 480, allowing 
the sheriffs of Rockingham and other to- 
bacco counties until the 1st day of “ay to 
settle with the Treasurer of the State. The 
bill was explained by ‘ir. Scott, of Rock- 
ingham, and favorably commented on by 
Yessrs. Strayhorn and Morehead. Passed 
its second and third readings. 

Bill to incorporate Farmer Island Club. 
Passed its third reading. 

Bill to prevent the obstructions in North 
Vuddy Creek, in McDowell county. Passed 
its third reading. 

Bill to establish a normal school in Boone, 
in Watauga county. Passed its third read- 
ing. 

Din to amend the act establishing the 
Board of Agriculture, changing its organi- 
zation to nine members on the board, one 
from each Congressional district. 

“r. Strayhorn moved to make it special 
order. 

Mr. Pemberton hoped it would be con- 
sidered now. If we wished the plaudit of 
the people, ‘‘Well done, good and faithful 
servants,” pass this bill—he was opposed to 
delay. 

vr. Linney asked the pay of these com- 
missioners under this bill. 

Mr. Pemberton explained that no man 
could be a commissioner who had not been 
aresident of this State three years; that 
they met only once ayear, and received 
four dollars a day for twelve days during 
the year.. The bill was directly in the in- 
terests of the people, no bill this session was 
more accordance with their demands. 

“4. Richardson spoke in favor of the bill; 
he said it had been through a course differ 
ent from any other bill, it had been before 


Ha a 


Proce:dings of the General Assembly of Nor 








: oi ‘i i J, 
th € 
the joint committee, and discussed 
different times, from the Governor dow 
and not an amendment had been offered to 


it. im 

~r. Alexander was afraid the bi!l sound- 
ed the death knell of the Agricultural De- 
partment. After the experience he h 
had as a member of the board he thought 
they were going the wrong direction to 
make a change; he thought the true way to 
effect the change was to strike out the — 
board altogether, and make the commis- — 
sioner what he ought to have been at first, — 
a responsible party. 

vir. Strayhorn thought the fatality of the 
bill was, that after the first meeting of the 
board under this new organization, they 
would never be able to get a quorum. Just 
as with the trustees of the University, scat- 
tered so all over the State, that they had to 
have some appointed close to Chapel Hill 
in order to have a quorum. | 

Mr. Jones said if left to the intelligent — 
farmers to take a pride and an interest in — 
this matter they would meet here, a prac- 
tical class of people who knew something 
about farming, not lawyers, not scientists, 
and he would venture that in two years we 
would see the benefit and development of 
these interests. He spoke of the money the 
Department had spent for fish, and said he 
wouldn’t give one fat shoat for all the fish 
they had raised. The system of appointing 
a board by the Legislature was the intelli- 
gent system; it had given us the best class 
of men for + agistrates through the Senator 
from Orange might smile at his saying so; — 
the system had proved itself. And just so — 
it would be with the Agricultural Depart- 
ment, if the Legislature would appoint 
good practical farmers from every section 
of the State on its board. 

«yr, Pinnix said he had promised his peo- 
ple that whenever he had a chance to vote 
for ameasure in the interest of the farmer 
he would do so. Now, this billis so purely 
a farmer’s bill—introduced by farmers—by 
a Senator named Farmer, and it being a 
farmer measure all over, he would cheer- 
fully vote for it. He said some objection 
had been urged against it because a quorum 
could not be obtained. In answer to that 
he said he was willing that farmer members 
should recommend the members of the — 
board, and then if they did not get quo- 
rums to their meetings it was their own 
fault. He wanted the farmers to have this 
matter their own way. d 

vr. Goodwyn spoke against any amend- 
ment. He favored the amendment as it 
was. 

Mr. Scott, of Rockingham, said every — 
pody seemed alive with the new era dawn- 
ing on the State. No department in the 
twinkle of an eye could rise to its acme. 
Give this department time. Our trouble in 
North Carolina seems to be that when a 





























| 





Pr ARH 






new scheme is started, and just about the 
time it gets to running, then, forsooth, 
because of this thing or that, somebody ob- 
jects to it and suggests achange, and down 
the system goes. The department had done 
some good to his county. There were able, 
‘intelligent men at the head of if. And any 
strike at its foundation now would result 
in its overthrow. He referred to the fer- 
tilizer tax, how it was opposed at first, and 

et how successfully it had worked for the 
Btate. The best thing we could do for this 
department is to let it alone. 

Mr. ‘ larke spoke in favor of the bill. 
' Myr. Linney said this was a splendid bill ; 
it was a farmers’ day. Everything had its 
day, and he was for the bone and sinew, 
and the copperas breeches, and even the 
bread and meat of this country having its 
day. Let allthe light be turned on in this 
matter that could be. 
Mr. Strayhorn said he would go for any 
measure looking to an investigation of the 
department. 
Mr. Webb said he hoped to see the day 
come when the farmers would all take 
an interest in this matter. He would like 
' toseethem even hold meetings and inter- 
» change views on agriculture in their own 
counties. If he thought this move was 
really in the interest of the farmers, he 
' would go for it heart and hand, but he be- 
lieved it a move in the wrong direction, and 
' would prove detrimental to the department 
_ and to the agricultural interests of the State, 
and therefore he should vote against it. 


Mr. Womack said he was very much in 
- favor of any measure that would put this 
» department into the hands o1 the fayners, 
' but if this was a move simply to put one 
' man out and put another in, asthe amend- 
' ment of the Senator from Orange would 
seem to indicate, then he was opposed to it, 
) but if it was a ‘‘bona fide” effort in behalf 
of the State, then let us adopt it. 


Mr. #lack said that he believed the Ag- 
' ricultural Department had been well man- 
» aged, but his people at home did not think 
' so. Thatit bad been alleged with some 
 de_ree of truth that the State government 
had been run by lawyers and politicians; 
ow this was a matter in which the farmers 
were peculiarly interested, and he was in 
favor of placing the whole thing in their 
hands; then if it was not efficiently run 
» they could blame only themselves; that it 
as intimated that farmers were not com- 
etent to manage their own affairs, but it 
‘wa amistake, and that they were as com- 
etent as any other class to manage their 
affairs. He hoped they would be fairly and 
quarely represented in .the affairs of the 
tate and that the bill would pass. 

_ Mr. Jones said the effort was to turn out 
body, but simply to lift up the agricul- 
people who asked relief. 


eS eg ee ee 



































At its Regular Session, 1883. 





163 


The following amendments were offered 
to the bill. 

By Mr. Caho, that all of section 20, after 
the word ‘‘State,” be stricken out. 

By “fr. Strayhorn, that there shall be no 
change in the chief officers of the Depart- 
ment of Agricultnre for two years after the 
ratification of this act. 

Mr. Lovill earnestly advocated the bill ; 
he thought Senators here had crossed the 
stream before they got to it, when they 
reasoned that the farmers wouldn’t come 
here to the meetings of the board; he 
thought this bill in the interest of the farm- 
ers, and any opposition to it was a strike at 
their interests. He defended the farmers 
from being lazy as was charged by the Sen- 
ator from Cleveland. 

Mr. Webb replied he had been raised on 
a farm till he was 19 years old, and no man’s 
heart was more with the farmers than his 
own, but he did say that some of the farm- 
ers of this State had not the spirit of energy 
and industry they should have, and, aye, it 
was even so with the professional classes; 
both were behind in spirit and enterprise. 
Why, if he should go to the county of the 
Senator from Watauga, and ask why the 
farmers did not do so and so, he would be 
very apt to reply that they were too lazy. 
No man was more a friend to the farmers 
than himself. 

Mr. Hill said: This is the first time the 
farmers of North Carolina have demanded 
any recognition, and it seemed high time 
that that most important of all interests in 
North Carolina ought to be recognized. 
The bringing together of the farmers of 
every section of the State would have a 
tendeney to centralize our interests and sym- 
pathies, and restore to a great extent the 
shattered State pride. The bill had a ten- 
dency to elevate the position of farmers and 
instill pride into them. 

Mr. Dortch called the previous question. 

Mr. Caho’s amendment was adopted. 

My. Strayhorn’s amendment wasslost. 

Mr. Scott’s, of Rockingham, amendment 
adding the Governor, President of the Ag- 
ricultural College, and President of the 
pie Agricultural Society to the board, was 

ost. 

The question came up on the passage of 
the bill on its second reading, on which Mr. 
Pemberton demanded the ayes and nays, 
Ordered. Bill passed its second reading, 
ayes 30, nays 6. Bill pass>d its third read- 
ing. 

Bill providing for an additional term for 
the county of Wayne, passed its third read- 
ing. 

Bill to incorporate the town of Chadbourn, 
in the county of Columbus, passed its third 
reading. 

Bill to amend the charter of the town of 
Asheville, passed its third reading. 

Bill to amend the charter of the town of 





164 


Henderson, amendments adopted, passed 
its third reading. 

Bill to incorporate the Raleigh Mail 
Printing and Publishing Company passed 
its third reading. 

Bill to ascertain and liquidate the debt of 
Bladen county passed second reading, ayes 
28, nays none. 
| Bill to consolidate the insurance laws of 
North Carolina, amendments adopted, and 
bill passed third reading. 

House resolution that the Treasurer pay 
to James I. “oore, the late contestant from 
Granville county, for a seat in the House, 
his mileage and per.diem as a member of 
' the House for forty-four days. 

‘ry. Yorehead said this thing of paying 
such contestants was of bad precedence 
and a novelty in North Carolina that should 
be put a stop to; it was merely opening 
wide the doors of the treasury and inviting 
contestants in order to draw 2 per diem. 

Mr. Goodwyn thought the amendment 
should be adopted; he cited cases in past 
Legislatures where it had been done. 

vr. Clarke said it had. been a fair, close 
contest, a vote of 48 to 49, the sitting mem- 
ber only holding his seat by a majority of 
one yote; he thought the contesting mem- 
ber should be paid. 

Yr. Womack held the law with juries 
should be the Jaw with legislatures; a man 
who had lost his suit, although he had hung 
the jury twice, had the costs to pay all the 
same. 

Vr. Poole said this gentleman _ had. ren- 
dered no service to the State of North Car- 
olina; he could see nothing for which he 
was to be paid. © 

Mr. Mebane spoke in favor of the resolu- 
tion. 

Mr. Dortch said he was a member of the 
Legislature ten yeais before the war, and 
in every case every bona fide contestant had 
been paid, and he knew that in the lasi six 
years they had been paid, so he should vote 
for this cqniestani’s pay, as he believed it 
was a bona fide contest. If it be desived to 
change this piac.ice hereafcer, let a biu to 
that end be introduced. 

My. Pinnix said he should vote for it. 

My. Pemberton also favored it, as the 

House asked it. 

+S Mr. Caho opposed it. 

Mr. Ebbs thought it was nothing more 
than just to the man who had been here 
+ awaiting his trial, and he should vote for lt. 
iM vr. Dortch said he had been informed 
' that a majority of the committee on privi- 
leges and elections had reported in favor of 
the contestant, and he had been informed 
that had there been a full House last night, 
the sitting member would have lost his 
' seat; it made no difference with him that 
_ the contestant was a Republican; he thought 
_ he should be paid. 

Mr. Jones said we were acting here as 


ha 





Proceedings of the General Assembly of North 


iV) toe eT ee 









fair and square men, and it w 
but it was fair and square that this mat 
should be paid. ie 
vr. Morehead said he admitted the con- 
testant had a very fair case; one of his 
commoners bad voted to seat him and the — 
other against seating him, but he cared — 
nothing of the politics in this case, he was 
against the principle, and if the contestant 
was a Democrat he would oppose it just 
the same. € 

A great deal more was said by various 
Senators for and against the resolution. 

Mr. Lovill asked the previous question. 

yr. Morehead asked the yeas and nays 
on the passage of the resolution. Ordered. 
Resolution passed its second reading—yeas 
38, nays 11; passed its third reading. 

'y, Linney said, in explaining his vote, 
that though opposed in prineiple to paying 
in such cases, be thought from the feeling 
in the House this must be an extraordinary 
case—an exceptional one—therefore he 
should vote for it 

Mr. Burwell, bill to incorporate the town 
of Garner’s Station, in Wake county (by 
request. ) 

Bill to repeal the law incorporating the’ 
Cotton and erchants’ Exchange in Golds- 
boro, passed third reading. 

Bill to encourage the building of a rail- 
road from some point onthe Western Road, 
between Salisbury and Newton, by the way 
of Tay.orsville and Wilkesboro to the Vir- — 
ginia line, passed its second reading—yeas _ 
27, nays 5. 

Adjourned. 

HOUSE OF REPRESENTATIVES. 

House was called to order by Speaker Roge, 
at 10 o’clock. 

The reading of the journal was dispensed 
with, except as to the evening session, and 
it stood approved. 

PETITIONS. 

Were introduced as follows: 

Mr. Newby, from liquor dealers of Pas- 
quotank county. 

Mr. Pittman, from liquor dealers of Hali- 
fax county. 

‘ir. Bryan, from Wilkes county, asking 
aid to build a road. 

vr. Lenoir, from Watauga, asking aid 
for a road. 

Mr. Covington, from liquor dealers of 
Richmond county. 

Mr. Wood, trom Lenoir county, asking to_ 
be alicwed to levy a special tax. 

BILLS 
‘were intrcduced, passed their first reading 
and were referred as follows : ‘ 

“yr. Liles, to amend chapter 171, laws 
1872-73. Propositions and grievances. 

Vir. Strudwick, to "amend the charter of 
Durham. Propositions and grievances. __ 
Mr. Nixon, to product sheep husbandry — 
in North Carolina. Propositions ane greiy-_ 
ances. yo 


| 
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ee ee 


ea 


; 




























Franklin, to givesVance 
ae weeks of court. Propositions 
evances. To establish the county of 

Propositions and grievances. 
Mr. Hardy, to prevent the felling of trees 
a certain creek in Craven county. Pro- 
ositions and grievances. 

Mr. Dixon, by request, relative to live 
stock in Olds township in the county of 
Greene. Propositions and grievances. 

Mr. Williamson, to prohibit the sale of 
liquor near “'t. Tabor church in Columbus 
- county. Propositions and grievances. 
Mr. Covington, to amend the charter of 

- Laurinburg. Corporations. 

_ -Mr. Crouse, to amend chapter 58, private 

_ Jaws 1871 and 1879. Corporations. 

yi Mr. Brown, to regulate the manner of 
locating school houses. Education. 

Mr. Williams, of Sampson, to establish a 
school district in the county of Sampson. 

Mr. Wood, to allow Lenoir county to levy 
a special tax. Judiciary. 

‘ Mr. Green, of Franklin, to construct a 

Py pzeiiroad from Salisbury to the Raleigh and 

Gaston Railroad. Internal improvements. 

f Mr. Hardy, supplemental to the .act 
amending chapter 83, of Battle’s Revisal. 
_ Fish interests.: 

Mr. Overman, to empower the Governor 
to offer rewards in capital cases. Calendar. 
Yo authorize the trustees of the State 
4 library to elect librarian and for other pur- 

poses. Calendar. 
The unfinished business of last evening 

q “was taken up, it being the request of Mr. 

Wilcox to be excused from serving on the 

- committee of privileges and elections. Mr. 

_ Wilcox gave the same reasons that he gave 

last evening. 
Mr. Proctor gaked to be excused from the 
same committee for the same reasons. Both 


v 


were excused. 


















































me OALENDAR. 

; Was taken up. 

i Resolution to pay Jas. I. Moore his mile- 
_ age and per diem. Upon the third reading 
of this resolution Mr. tailey, of Mecklen— 

_ burg, insisted that Mr. Wilcox should vote. 

; Mr. Wilcox not being in the bar of the 

_ House did not vote. 

Mr. Bailey then moved a call of the 

_ House, which was ordered. 

The roll was then called, and after Mr. 

Wilcox had answered, Mr. Ray moved that 

_ afurther call be dispensed with, which was 

carried. Mr. Wlicox then voted aye on the 

is second reading of the resolution. The res- 
olution then passed its third reading. 

Bi THE SPECIAL ORDER 

__ For this hour, being an act to establish a 

State board for the encouragement of the 

ming and mechanical interests, and im- 

eration. 

. Holt explained the bill. 

Hayes, of Bobinson, was opposed to 























| passed second reading. 





The bill was on motion of Messrs. Forb s 
and Green, of Franklin, informally Preis 
over. 






OALENDAR—(resumed. ) ye 
To allow McDowell county to comp 
mise and compute its debt, passed its thir 
reading. 
To incorporate the North Carolina 
Oil and Guano Company. ‘Tabled. 
Albemarle and Raleigh Railroad on 





For the better protection of deceased 
persons. Special order for Tuesday ey 
next at 7:30 o’clock. 

To prohibit the sale of liquor in one mil 
of Long Branch Baptist church, in Robeso 
county, passed third reading. 

To incorporate the Citizens’ Trust Con 
pany, passed third reading. 
Supplemental to prevent live stock fr 
running at large in the counties of Greem 
and Lenoir, passed third reading. 
To incorporate the town of Kill Quick, 
passed second reading. My 

Mr. Harris, of Wake, desired to have h 
vote in the election case of Moore vs. Wil- 
liams recorded, and stated that when i 
came up he was unavoidably absent. a 

Mr. Sutton objected, and it requiring t 
unanimous consent of the House to all 
him to vote he was prevented. 

To ascertain the debt of Franklin county, 
and to pay the same, passed second rea 
in 

‘To incorporate the Asheville and Burns: 
ville Railroad Company. Passed its thir 
reading. 

To incorporate the Baltimore Gold a 
Silver Mining Company. Passed its thi 
reading. 

To amend the charter of Greensboro. 
Passed its third reading. | 

The Senate amendment to the act to pr 
hibit the use of drift nets was concurred in. 

MESSAGES 
was received from the Senate informing t 
House that the Senate had passed the f 
lowing bills: 

Senate amendment to the act to inco 
porate the Globe Academy. Concurred in. 

To provide for an additional term of th 
Superior Court for Wayne county. Pass 
its third reading. 

From the Gover nor, transmitting paper 
Sent to the Senate with the proposition to — 
print. } 

Mr. Holton moved that the chair be re 
lieved from filling the places made vaca 
on the committee of privileges and electio 
by Messrs. Wilcox and Proctor helene € 
cused. Carried. 

The House adjourned. 4 

{Norr.—In our report of yesterday Mr. 
McCotter should have been reported as_ 
speaking in favor of the resolution relati A 
to a light-house at the mouth of Bae rival 
in Bmlice county. | , 


































yo AD 


(166 Proceedings of the General Assembly of North Ca 


ie NIGHT SESSION. 
ty The following bills passed third reading: 

To incorporate the Hoffman and Troy 
Railroad. 
| To amend the charter of the Granville 
Railroad. 

Repealing local prohibitory laws in Per- 
. son county. 

To punish the felling of trees in South 
Yadkin river. 

Mr. Bailey, of Mecklenburg, obtained 
: leave of absence on account of ' being 
summoned as a witness before court. 


SENATE. 

FORTINTH DAY. 

Y Satrurpay, February 17. 
Senate called to order at 10 o’clock. 
Prayer by Dr. Marshall. 

. PETITIONS. 

. Mr. Toon, of citizens of Columbus 

| county, asking that the office of County 

“Superintendent of Public Instruction be 
abolished. 

Mr. Pemberton, of certain citizens Stanly 
county, against the stock law. 

BILLS. 

Mr. Womack, to prevent unsuccessful 
contestants before the Legislature from re- 
ceiving mileage and per diem. 

Mr. Caho, concerning pay of contestants 
in contested cases. Also resolution on ad- 
journment. 

M.. Clarke, in relation to roads and cart- 
ways. 

Mr. Loftin, for the benefit of poor men, 
by repealing the homestead law. Also bill 
to restore to the people of the Eleventh 
Senatorial district the rightof self-govern- 
ment. 

Mr. Poole, to provide a room in the Agri- 
eultural Department for the sessions of the 
Supreme Court and also a room for a mis- 
cellaneous and Supreme Court Library. 

OALENDAR. 

Bill to ascertain and liquidate the debt of 
Bladen county, passed its third reading— 
yeas 30, nays none. 

Bills concerning pilots and pilotage passed 

_ third reading. 

8 Bill to establish a stock lawin a part of 

é Perquimans county passed third reading. 

Act relative to a finance committee in the 
county of Cleaveland passed third reading. 

Bill to incorporate the Fayetteville graded 
school for whites passed second reading— 
ayes 27, noes 0. 

ill for the improvement of the streets of 
Raleigh. Empowers the board of aldermen 
to issue coupon bonds not to exceed in 
amount fifty thousand dollars, after the 
matter has been submitted to and accepted 

' by the people. It does not increase the 
_ taxes, but continues the present special tax. 
_ This bill was introduced by request of the 
board of aldermen by ¥r. Purnell. Passed 
second reading—ayes 29, noes 0. 


















































Bill to protect oysters pas 3 


ing. Cm 
Bu to incorporate the High Point 
Randleman Railroad Company passed third 
reading. at 
A message was read from the Governor ¢ 
to the great seal, etc., saying he could f 
nowhere any record of what the seal sho 
be. All he knew was that the present seal 
was used by his predecessor. {'e could 
not say whether it was the general seal. 
Ordered printed. iy 
Bill relating to the Caldwell and Watauga 
Turnpike Company. Passed its third read-— 
Ing. v4 
Bill to incorporate the Cabarrus County 
Co-operative Association. Passed its third” 
reading. ; % 
: ill to protect the interests of the cotton 
planters of North Carolina. It requires the © 
cotton buyer to keep a memorandum of the 
amount of cotton they buy and from whom ~ 
they buy it. Passed its third reading. f 
Bill to prevent hiring out of convicts on 
private contracts; substitute from the com- — 
mittee, which was about a copy of the en- ~ 
grossed bill, was presented. h 
Mr. Womack offered an amendment, 
‘“except to prevent laborers’ strikes,” was ~ 
accepted. . 
“a. Jones wanted to know what were 
‘laborers’ strikes ?” 7 
Mr. Black saw no use for the bill anyway; 
only made for the protection of a set of — 
lazy negroes around Raleigh. 
» r. Poole objected to the bill, the argu- — 
ment of the Senator from Wake the other 
day that a set of men stood around here © 
shivering from cold for want of work 
wouldn’t do, when there was the demand ~ 
for muscle there always was in North Caro-— 
lina. Aman of muscle who wants work — 
can always get it. 4 
- ry. Jones again spoke against the bill. 
Mr. Purnell said jf was not only “lazy — 
negroes” wanting work, but white men as” 
well, he belonged to himself in this matter, 
he asked no electioneerers to come here on 
this floor and instruct him how to vote. __ 
nix. Linney sail to be honest as to the” 
question pertaining to the laborers of this ~ 
country, the committee thought that they 
ought not to be placed in competition with 
the convict labor and with that amendment 
from the Senator from Chatham providing — 
for convict labor in case of ‘‘strikes” he 
thought this bill a good one. z 
Mr. Jones, in reply to Mr. Purnell who7 
said it was not so that the negroes here had _ 
a hole in the ground that they went into” 
and were fed in times of strikes, read the 
following: ; ., 


Senator Jones—The information in re- 
gard to the collection of laborers in a cél- 
lar was on the information of ourselves. 
Mr. Purnell ought to know that it is tru 


a! 






PAO NA 


nd we believe he knows it is true. 
i Oor. Coxs, 
W. H. Brepsor. 
This is substantiated by the statment of 
Thos. Devereux. Oor. Cox. 

Mr. Jones moved to lay the whole matter 

on the table. 
Mz. Purnell asked the yeas and nays. 
Ordered—yeas 14, nays 16, so the Senate 
_ tefused to table. 
_ The substitute from the committee was 
now put to the vote. Senate voted. The 
chair said it was impossible for him tu de- 
cide when Senators were paying no atten- 
tion to the question—only a few voting on 
each side of the question. 
| \ir. Pinnix asked to have the substitute 
read. 
«yr. Webb spoke against the substitute; 
he thought it would be unjust to the tax- 
_ payers of North : arolina. 
} wr. Loftin asked if the Senator thought 
. it was just to the tax-payers that the labor 
of the State should be brought in competi- 
tion with convict labor. 
_ My. Webb said he did. Labor was in de- 
" mand, and he heartily endorsed the gentle- 
man from Martin, who said there was a!- 
ways work in North Carol.na for the men 
who had the muscle and the manhood to do 
it. He wanted no law for the protection of 
that ‘‘shivering” class spoken of b; the 
Senator from Wake, it was only because 
they were too lazy to work. If they could 
not find work to do here, let them come to 
Cleveland county and they could get it, 
picking cotton. He wished they had the 
_ penitentiary in Cleveland county. 

Mr. Loftin spoke earnestly in favor of the 
bill; he favored the subtitute because, as it 
' provided now, the honest labor of the cbun- 
' try would not be brought in competition 
* with convict labor; he thought the honest 
labor in the county of Wake should be pro- 
tected; there was acurrent of s:ntiment here 
- that had actually brought the name of the 
' Chairman of the Democratic Executive 
' Committee to fight this bill. There was 
' much other talk pro and con on the bill. In 
talking of the price of labor in this State, 
_ x. Linney said he could go into the Bushy 
' mountains, in his county, and hire men, his 

equal in intellect, at fifty cents a day, and 
_ here it was saidthat men were hired at six- 
ty centsaday, men eble to do good farm 
/ work. 

Mr. Linney said the statement that labor 
here was getting sixty cents a day, when 
good men could be hired at fifty cents, was 
80 much the stronger argument in favor of 
this bill, 

Mr. Purnell took the floor and asked Mr. 
Jones if he said that he knew of this ‘‘hole 
‘in the ground ?” : 

' Mr. Jones replied that he did not say so, 
t that his information was merely based 
yon the communication that he read. 



































its Regular Session, 1883. 








167 


Mr. Purnell said he was ready to measure 
character with any man that had signed 
that communication, and all he had to say 
was, that any statement that he had denied 
anything which he knew to be true, was a 
lie anda lie out of the whole cloth. If 
there was any such place as this ‘‘hole in 
ie ground” he had never heard of it be- 

ore. 

Mr. Jones spoke of the communication 
handed him; it was not handed by any of 
the gentlemen who signed it in their official 
capacity, but it was given to him as from 
citizens, and he had used it, because he 
understood the Senator from Wake to 
deny that there was any such thing as “a 
hole in the ground” here; those gentlemen 
who signed that communication were gen- 
tlemen of the very highest character, and 
the gentleman from Wake had denouneed 
his informants. 

“ir. Purnell said the Senator from Hen- 
derson was mistaken; he had not de- 
nounced those gentlemen ; he had 
merely said that any statement that he 
would deny anything that he knew to be 
true, was a lie. 

Vir. Jones said he certainly had under- 
stood the gentleman from Wake to de- 
nounce these men, and he was glad 
to hear him say that he had _ not, as he re- 
gretted personalities, and did not think 
there should be any feeling in this matter. 

The substitute was put to a vote and 
the yeas and nays ordered. Yeas—16, 
nays 16. Substitute failed for want of a ma- 
jority. (Myr. Morehead in the chair.) 

The question thencame up onthe amend- - 
ment to the bill. 

The first amendment as to ‘‘strikes” was 
adopted. 

The second amendment wasas to hiring 
the convicts to the farms on the depression 
of farm labor. ; 

Mr. Purnell asked the ayes and noes. Or- 
dered. Ayes 19, noes 13, so the amendment 
was adopted. 

The third amendment, providing not less 
than 50 cents a day for convict labor, was 
adopted. 

The bill came up on second reading. 

xr. Dortch said he did not understand 
that under this bill the State did not have 
the right to work the convicts on its public 
buildings. 

Vr. Purnell asked the ayes and noes on 
the bill. Ordered. Ayes 15, noes 17, so the 
bill failed to pass its second reading. 

Mr. Purnel! here further’ explained. .:e 
understood there was stiJ] some impression 
that he had denounced the gentlemen sign- 
ing that communication. He had 
not done so. Two of those gentlemen, Mr. 
Bledsoe and Mr. Devereux, were his friends, 
and he had a high regard for Mr. Coke. He 
had misunderstood the Senator from Hen- 
derson, that was all. 





168 


Bill to incorporate the Wilkesboro Bridge 
Company passed third reading. 

Bill to incorporate tie town of Highlands 
passed second reading—ayes 27, noes 0. 

Bill to incorporate the Baltimore Gold and 
Silver Mining and Smelting Company 
passed third reading. 

Mr. Morehead, bill relating to contested 
elections. Preventsany contestant in the 
future from drawing per diem. Also bill 
relating to graded schools in Guilford 
county. 

Bill alloting dower, just leaves to the jury 
to say whether they will allot to the widow 
in one tract of land or in several. Passed 
third reading. 

till to amend the stray law. 
third reading. 

Bill to provide for the working of White- 
ville and Wilmington public road in Co- 
lumbus county. Passed third reading. 

Bill providing that a lawyer who presides 
on the board of county commissioners 
shall not practice law in that county. 
Passed third reading. 

Bill to incorporate the Enterprise Manu- 
facturing ‘ ompany in the county of Ran- 
dolph. Passed third reading. 

Mr. Pinnix, petitions of citizens of Davie 
asking the repeal of certain local prohibition 
laws, also bill to amend the landlord and 
tenant act. 

Mr. Lovill, bill to prohibit liquor in one 
mile of Henderson’s Chapel in Watauga 
county, also petition with it. 

Mr. Carter, bill to perfect the machinery 
for counting the votes in the counties of 
Warren and Vance. 

Bill for more courts in Duplin and Le- 
noir. Passed second reading. 

Adjourned. 


HOUSE OF REPRESENTATIVES. 

The House met at 10 o’clock, Speaker 
Rose in the Chair. 

Prayer by the Rev. Dr. Marshall. 

PETITIONS 
were introduced as follows: 

Mr. Williams, from Ransom township, 
Columbus county, asking the appointment 
of Andrew J. Swinson asa justice of the 
peace in said township. 

Mr. Landreth, from Alleghany county, 
asking the repeal of chapter 253, laws of 

1881. 

Mr. Marsh, from Chatham county, rela- 
tive to the appointment of justices. 

Mr. Tomlin, from liquor dealers of States- 
ville. 

Mr. Byrd, from Yancey county, relative to 
the sale of liquor in a certain locality. 

BILLS 
were introduced, passed their first reading 
and were referred as follows : 

Mr. Hardy, to establish the line between 
the counties of Craven and Carteret. Cal- 
endar. 


Passed 


Proceedings of the General Assembly 








- 


Mr. Bridgers, to restore the - 
between grand and petit larceny. Jud 
Mr. Phillips, to require leases on |; 
be registered. Judiciary. ai 
Mr. Forbis, for the protection of fish ii 
Guilford county. Calendar. i.) 
Mr. Liles, to construct a ferry across 
Pee Dee river. Propositions and grievan 
vy. Landreth, to repeal so much of ch 
ter 253, laws 1881, as relates to the cou 
of Alleghany. Propositions and grievan 
Mr. Riggs, to amend chapter 87, Battle’s 
Revisal. Propostlnrs and grievances. 
Mr. Sandifer, to authorize Mecklenbur, 
county to pay a claim. Propositions and 
grievances. ‘7 
Mr. Holton, to submit the stock law 
question to the voters of East Bend town- 
ship, in Yadkin county. Propositions and 
grievances. 
Mr. McLoud, to amend the charter of the 
town of Asheville. Corporations. % 
My. Bledsoe, for the relief of the fire com-— 
panies of North Carolina. Corporations. — 
Mr. McLoud, relative to the fees of sher- 
iffs. Salaries and fees. j 
CALENDAR 
‘las then taken up and disposed of as fol- 
Ows: 
To provide for the payment of the indebt- 
edness of Franklin county. Third reading. - 
Albemarle and Raleigh Railroad Com- 
pany. Third-reading. 

To allow Cabarrus county to levy a spe- 
cial tax. Third reading. h 
To incorporate the town of Sassafras 
Fork. Second reading. 

To amend the charter of the Caldwell and 
Watauga Narrow Gauge Railroad Company. 
Messrs. Bower and Lenoir explained the 
bill and advocated its passage. The bill 
then passed its third reading. 
To create a sinking fund for New Han-— 
over county. Informally passed over. 
To incorporate St. James’ Parish, 
Wilmington. Third reading, 
To incorporate the town of Caswell, in’ 
Pender county. Special order for 1 o’clock 
on next Thursday. i 
To prevent the felling of timber in South 
Fork river. Third reading. 
Concerning the town of Middleburg, in 
Vance county. Informally passed over. 
Mr. Ray, by consent introduced a bil 
relative to toll gates in certain counties. 
The rules were suspended and the bill 
passed. } F 
To uhange the time of holding the Supe- 
rior Courts for Halifax county; passed third’ 
reading. 
To prevent the catching of fish in E 
river, passed third reading. 
To amend chapter 119, Battle’s Revisal, 
passed third reading. } 
For the protection of the aids of naviga 
tion established by the United States i 
North Carolina. por. 
































ena olbee 


=A 
~ 





_ Mr. Nixon moved to table, which was 
adopted. « 

- Toamend chapter 94, laws 1879, passed 
- third reading. 

To amend the charter of the town of 
_ King’s Mountain, informally passed over. 

_ To re-enact certain section of title twelve 
9 of the Code of Civil Procedure. Infor- 
_ mally passed over. 

_ To amend chapter 78, laws 1881, allowing 
_ Craven county to levy a special tax. In- 
_ formally passed over. 

Mr. Simmons moved to reconsider the 
vote by which the bill to protect aids to 
navigation, placed by the United states in 
this State, was tabled. The motion pre- 

vailed and the bill then was informally pass- 
ed over. 
To amend chapter 64, Battle’s Revisal. 
_ Passed its third reading. 
_ Mr. Holt moved that when the House ad- 
_ journs it adjourn to meet on Monday morn- 
4 ing at 10 o’clock. The motion prevaiied. 
| To amend chapter 94, laws 1881. Passed 
its third reading. 
_ To repeal chapter 141, 
| to elect county officers. 
_ passed over. 
To amend chaper 274, laws 1876-77. 
_ Tsbled. 
To amend chapter 234, laws 1881. 
Mr. Greene, of Franklin, moved the bill 


Informally 


be tabled; a vote being had the Chair was 
unable to decide, and a division being callod 
' for, the vote was found to be 34 to 34; the 
' Chair voted to table. This was the first tic 
_ of this session. 

} To incorporate the Seaboard Manufactur- 
: ing Company. Ordered to be printed. 
To provide an official seal for the Depart- 
_ ment of State, passed its third reading. 

‘ To incorporate the town of Rich Square, 
_ passed its second reading. 

_ To secure titles to real estate, tabled. 

( To repeal chapter 85, laws of 1869-70, and 
_ chapter 194, laws of 1870-71,j$ passed its 
_ third reading. 

_ For the promotion of female education ; 
_ providing that certain bonds of Greens- 
boro Female College shall be free from tax- 
- ation. 

; Messrs. Strudwick, Forbis, McLoud, Le- 
 hoir, Peebles, Bailey of Mecklenburg, Reid 
: of Person, Myers, and Green, of Franklin, 
im discussed the merits of this bill. 
q 
| 


_Mr. Strudwick called the previous ques- 
tion, and the call was sustained, and it was 
80 ordered, and the bill then passed its sev- 
eral readings. 


Concerning the hunting of wild fowl. 
_ Withdrawn by consent. 

By consent Mr. Abbott introduced a bill 
to incorporate the town of Shiloh. Corpo- 
rations. 

_ Adjourned. 








At tts Regular Session, 1883. 


laws 1876-7, 


169 


SENATE. 
FORTY-FIRST DAY. 
February 19. 

The Senate was called to order at 10 
o’clock. 

PETITIONS. 

Mr. Toon, from citizens of Columbus 
county, asking for prohibition in three 
miles of X Roads Baptist church. 

Mr. Poole, from citizens of Washington 
county, asking for a special tax. 

BILLS. 

Mr. Clarke, to authorize the commission- 
ers of Craven to issue bonds to build 
bridges across Trent River. 

Mr. Poole, to authorize the commission- 
ers of Washington to issue a special tax. 

Mr. Lyon, concerning the sale of spirit- 
uous liquors in Elizabethtoy n. 

Mr. Woodhouse, to repeal the law con- 
cerning prohibition in Bertie county. 

Mr. Ramsay, petition of citizens of 
Mocksville, Davie county, asking that the ~ 
prohibitory law now in operation in that 
place be submitted to the vote of the people. 

OALENDAR. 

Mr. Ebbs called up the bill to authorize 
the county commissioners of Jackson to 
levy a special tax to build a bridge across 
Tuckasegee river, and it passed its second 
reading—yeas 29, nays none. 

Bill to incorporate the Fayetteville public 
graded and normal sehool, for whites, 
passed.third reading—ayes 28, nays 0. 

Bill for the improvement of the streets of 
the city of Raleigh. 

Mr. Strayhorn amended that one of the 
street commissioners should be a Republi- 
can, which was adopted, and the bill put to 
third reading. There was no quorum 
voting. 

Mr. Jones’ name was called. He said he 
couldn’t vote for the} bill with that amend- 
ment to it. There might be no Republican 
party at all next year. He voted no. 

Mr. Watson, who has returned, said if 
there’was any chance of the bill bringing 
about that state of affairs,he would vote aye. 

Mr. Pemberton said the Republican 
might change his politics and the board 
have to undergo entire reorganization. He 
was opposed to bringing politics into- the 
bill, and should vote no. 

Several Senators explained their votes. A 
quorum was obtained, and the bill passed 
third reading—ayes 28, noes 8. 

Bill to incorporate the town of Highland» 
passed third reading— ayes 30, noes 1. 

Bill to change the time of holding the 
courts in the first judicial district. 

Mr. Caho offered for the committee a sub- 
stitute for the pending bill, simply rear- 
ranging some of the counties, and it was 
adopted. Bill passed third reading. 

Bill to provide a remedy for forcible en- 
try and detainer. The bill was reported 


170 


unfavorably by the judiciary committee. 
The bill was read. 

Mr. Linney said it seemed to him that the 
judiciary were for killing some mighty 
good law; that as the law was now a ten- 
ant might steal in the night time on a man’s 
land and it would take two years with the 
courts crowded to get him off. He further 
explained how, under the constitution of 
1868, a party who had entered forcibly 
could be thown off the land in a twinkle by 
a justice of the peace, and that now, under 
this bill, the probate judge was given the 
same powers the justices of the peace had 
then. 

Mr. Pemberton said the trouble with the 
pill was that the clerk of the court with the 
jury in his office should try the cases, 

nown under the system before the war as 
“bush courts’—and the committee were 
of the opinion that this was going a little 
too far. 

The chirographby of the bill was referred 
to in the course of the debate as being hard 
to read, and Mr. Linney said that a lawyer 
with a good practice and the brains to 
back him couldn’t write a good hand. 

Mr. Pinnix offered an amendment to 
strike out twelve jurors where it occurs 
and insert ‘‘six jurors.” He spoke to the 
Naam was willing to pass it and give it a 
trial. 

Mr. Payne said that legislation of this 
kind was desired—he would go farther and 
say it was a necessity. He had no objec 
tion to the bill, but did have to that amend- 
ment. He didnot believe in six-men juries, 
and so far as to its being easier to get six 
good men than twelve good men, why the 
Senator from Davidson didn’t believe that 
himself. 

Mr. Pemberton here said that the Senator 
from Aiexauder and himself had agreed to 
let the bill pass its second reading and go 
back to the judiciary committee fora re 
draft. The bill passed its second reading. 

Mr. Watson offered an amendment to 
strike out probate judge wherever it occurs 
and insert clerk of the Superior Courts. 

Mr. Caho amended that when the sheriff 

was a party to the action the coroner should 
perform the duties of sheriff. 

Mr. Linney moved that the bill with its 
pending amendments be recommitted. It 
was recommitted. 
>) Bill to authorize the county commission . 
> ers of Rowan ‘o pay W. J. McNeilly $75 
passed its third reading. 

Bill for the better protection of landlords. 
_ The committee recommended that the 
- Senate concur in the House amendments. 
~~ Mr. Womack moved that the Senate con- 

eur. Mr. Watson said the bill was his, and 
he favored all the House amendments, ex- 

' cept one, and that was the striking out that 
part making fences the subject of larceny. 
- Mr, Womack then moved not to concur in 





Ba hits ie ee ee ot 


Proceedings of the General Assembly of 











North | 
the second amendment. The Senate agre 
not to concur, and to concur in the first ar 
third ame:dments, which was done. Ml 

Mr. King, of Cherokee, called up lis 
olution on adjournment, resolving that th 
Senate, the House concurring, adjourn 
March the 5th, 1883, at noon. He hoped — 
the Senate would adopt this resolution, so 
that we should know exactly the time to 
adjourn, and work up to it, and ifanything 
be left undone it may be unimportant — 
local legislation. A 

Mr. Watson said he thought we ought to 
adjourn by the 5th of March, and the work 
should all be done by that time. Resolution 
adopted. i 

Bill to amend the law as to pilots. 
Passed its third reading. ‘ 

Bill to ascertain and establish the divid- — 
ing line between the counties of Carteret 
and Craven. Passed its third reading. 

Bill to regulate the hiring out of convicts — 
in certain cases. Mx. Berry’s bill. 

Mr. Linney; for the committee, explained 
that they thought the sum paid for the con- 
victs should be higher, and fixed at $240 in- 
stead of $200a year for the convicts, and ~ 
with this amendment the committee re- 
ported the bill favorably. 2 
« Mr. Berry said he would accept that ~ 
amendment. The purpose of the bill is to 
provide the mining companies with con- { 
victs. ’ 

Mr. Strayhorn said he should vote for 
this bill because it fixed a better price for 
the labor than would be given for it here 
under private contract. He stated he 
voted Saturday to prevent their being hired 
out at all under private contract. 

Mr. Watson said he was opposed to put- 
ting this convict labor in competition with 
skilled labor that made mining a lifetime 
study; he was opposed to saying to those 
mica miners in Mitchell county that the 
State of North Carolina had her convicts in 
competition with them who were laboring 
for their wives and children. 


Mr. Linney said the reason so well stated 
by the Senator from Forsyth, had been the — 
reasoning of the committee, they thought 
the laborers of the State had a right to de- 
mand of them that convict labor should not 
be brought into competition with them, but 
the Senate last Saturday had seen proper to — 
vo'e differently, and it is nowsettled by the | 
deliberate vote of this body that convicts 
shall be hired, and now the question pre- 
sents itself in what best advantage to the 
State, they coald be hired, and this bill 
offered a good price and he should vote 
for it. bf 
Mr. Womack said this bill dealt with an — 
entirely different class of convicts, not with in 
the old, infirm and crippled; not with the — 
women, but with the healthy, able bodied 
convicts, and if it becomes a law if will re- — 




































peal the laws appropriating convicts to all 

the public works heretofore. 

- Mr. Poole opposed the bill on the grounds 
that it would deprive the public grounds 
_ and buildings of the convict labor. 

Mr. Pinnix said he opposed it because it 

would bring convict labor into competition 

_ with the mining labor in his county, and 

_ besides for other reasons. 

Mr. Caho opposed the bill that in private 
contracts there was no discrimination as to 

the labor. 

_ Mr. Ramsay opposed the bill; he wanted 
the convict labor for public buildings, 
grounds, railroads. &c., and if hired on 
private contracts at all, then he wanted 

them for our creeks. 

Mr. Morehead offered an amendment, 

_ “after all others,” in section 2, insert the 

words ‘‘of a private character.” 

Mr. Hill said he wanted this labor to 
drain the eastern lands; he opposed the bill. 
' His people were opposed to paying court- 
- costs to send the convicts up West. 

Mr. Lovill said it looked a little singular 
to him that Senators here who last Saturday 
were for hiring out convicts are to-day 
- found against it. 

Mr. bill offered an amendment, giving 

_ preference in the labor to the swamp lands 

in the east. 

_ Mr. Neill amended, providing that no 

able bodied convicts be hired on any pri- 

' vate work until the Asheville and turns- 

' ville Railroad is built. 

Mr. Poole moved that the bill and all its 

» amendments,be laid on the table. 

Mr. Linney moved the previous question. 

' It was ordered. Amendments all voted on 

_ and adopted. Bill put on its second read- 

ing and failed to pass—yeas 15, nays 17. 

' Sill to protect the citizens of Burke 

_ county. It empowers the board of county 

_ commissioners to take a guard (if neces- 

sary) and compel the citizens of the county 

to be vaccinated + it had passed the House. 

' Wr. Berry explained that the small-pox 

_ was now in seven m.les of Morganton, and 

' he wished the bill to pass at once. 
» Mr. Ramsay said the board of 

_ health that ought to be in operation in that 

_ county were fully empowered for all the 
_ purposes of this bill, and he saw no neces- 

- sity for it. 

' wr. Berry said they had no board of 

health there. 

Mr. Richardson said with this wholesale 
vaccination if that county never had a 
board of health before they would need 
‘one when they got through with them 
“under this bill. He would like to offer an 
"amendment to exempt the women and chil- 
dren. f 
_ Mr. Black said the bill gave extraordi- 
nary power, almost calling out the militia. 
didn’t want the ladies’ arms ruined 

er this bill. 





























At its Regular Session, 1883. 





171 


Mr. Lovill said he presumed the Senator 
from Burke had’ the right to ask this legis- 
lation for his own county, and knew what 
his people wanted. 

Mr. Goodwyn favored the bill for the 
same reasons. f 

Tue bill passed its third reading. 

Engrossed House substitute for changing 
times of holding Superior Courts in Hali- 
fax was concurred in. ; 

Bill to amend the law to prevent the run- 
ning at large of live stock in the counties 
of Greene and Lenoir, passed third reading. 

Bill for protection of executors and ad- 
ministrators. Mr. Loftin explained that it 
cured a defect of the law of 1879. It passed 
third reading. 

Bill to allow the magistrates of Oxford 
township in Granville county, to transfer 
its stock, passed third reading. 

Bill to amend the act-repealing the pro- 
hibition law at Troy, in Montgomery county, 
passed third reading.’ 

Mr. Dortch, a bill to erect a monument 
at Goldsboro to the Confederate dead. 

Mr. Pinnix, introduced a petition from 
certain citizens of Forsyth and Davidson 
counties praying for a law to drain the low 
lands of Spurgin’s creek. 

Bill to change the mode of electi n of 
school committeemen. : 

Mr. Womack made the’ point of order 
that this bill went over as unfinished busi- 
nesssunder a motion to table the bill. So 
that motion came up. 


Mr. Strayhorn asked the “yeas and nays — 


on that motion. 

Mr. Womack, on request, withdrew the 
motion, and agreed to have the bill made 
the special order for next Wednesday. 

Bill to amend the charter of Mt. Pleas- 
ant, Cabarrus county. Passed its third 
reading. . 

Bill to incorporate the Philadelphia Pres- 
byterian Church, in Gaston county, passed 
third reading. 

ty consent Mr. Pemberton introduced a 
bill to incorporate the Yadkin Falls # anu- 
facturing Company. 

Bilf to incorporate the Wesley’s Chapel 
Church and Camp Ground, with amend- 
ment from Mr. Costner, passed third read- 
ing. 

Bill to incorporate the Co-operative Col- 
onization Society, of Teutonia, passed third 
reading. 

Bill to amend the act so as to create two 
additional Justices of the Supreme Court, 
on motion of Mr. Payne, was made special 
order for next hursday at 10:30. 

House resolution instructing our Senators 
and Representatives to amend the pension 


law soas to include the widows and chil- 


dren of the soldiers of 1812, for pensions, 
was adopted. 
Bill to repeal the prohibition law for the 





Ee" 


Se 





172 


county of Northampton, that was passed 
in 1874-75, passed third reading. 

sill to amend the law with regard to the 
tax list. It empowers the board of county 
commissioners to employ any person to 
prepare the tax-list. Passed its third read- 


ing. 

Sin to allow the county of Halifax to 
fund its, floating debt. 

Mr. Goodwyn thanked the Senate for 
having reconsidered this bill at his request: 
he saw that it had again been reported 
favorably, but he stated that the tax-payers 
of Halifax were against the bill; he reas- 
oned that the debt was unjust. He said a 
large number of the tax-payers had said to 
him: ‘Jim, we'll vote for you if you'll go 
there and vote against the paying of this 
debt.” This bill levied $15,000, whereas 
the sheriff told him before they got through 


- with it it would run up to $120,000. He 


argued that there was no petition here with 
this bill, fand no one here but two men 
from that county, both of them attorneys, 
and a third lawyer was here from Hender- 
son to help them fight ‘‘a poor old farmer.” 
He hoped the scales would fall off the Sen- 
ate’s eyes in this matter as they fell off of 
Ao when he was smitten by the spirit of 
od. 

Mr. Watson asked if this debt was con- 
tracted under the old county government 
or the new. 

Mr. Goodwyn said pretty much all of it 
wasunderthe old government, and by a 
Republican board at that. 

Mr. Pinnix said we were playing to the 
ecard that was before us, and if it was an 
honest and just debt, as the men who had 
it to pay said it was, then it ought to be 
paid, and he shonld vote for the bill. 

Mr. Linney explained the nature of the 
debt as was represented to the committee 
by the two gentlemen who admitted that 
they had been employed by the holders of 
the claims, but it was conceded that the 
claims had passed into judgments, and the 
committee didn’t feel at liberty to review 
the action of the courts. 

Mr. Lyon said when the gentlemen before 
the committee made their statements he 
saw sufficient reason why he should vote 
against the bill; for instance the drafts of 
the school committee had been drawn with- 
out reference to the apportionment of the 
school fund; he was not in favor of pass- 
ing laws to legalize erroneous judgments of 
courts of law. 

The bill was put on its second reading— 
yeas 7, nays 26, so the bill failed to pass. 

On motion of Mr. Caho a motion to re- 
consider and then to table that motion, pre- 
vailed. 

Bill to authorize the commissioners of 
Swain county to sell certainlands. Passed 


its third reading. 


Bill to incorporate the Colored Orphan 


* Propositions and grievances. 











Home, of Eastern North Carolina. Passe 


its third reading. 

Bill relating to the graded schools in 
Guilford county, passed its second reading 
—yeas 29, nays none. ¥, 

[Mr. Ramsay arose to a question of per- 
sonal privilege. He was surprised to find 
that the Senator from Davidson was intro- 
ducing petitions against prohibitien from — 
Davie county, by Tur News AND OBsERVER 
of Saturday morning. 

Mr. Pinnix said the Senator could not — 
shake his gory locks at him and say he did 
it, that it was for Davidson and not Davie. 

Adjourned, 


HOUSE OF REPRESENTATIVES. 


House called to order by Speaker Rose at 
10 o’clock. 
The reading of the journal was dispensed 
with and it stood approved. 
PETITIONS. 


Mr. Cain, relative tothe appointment of — 
justices. ’ 

Mr. Landreth, relative to the appointment — 
of justices. ; 

Mr. Marsh, relative to the appointment — 
of justices. 

«xr. Harris, of Wake, relative to convict 
labor. 

Mr. Williamson, relative to the appoint- 
ment of a justice in Brunswick county. 

Mr. Lineback, from Mitchell county, rela- 
tive to the sale of liquor. 

BILLS 


were introduced, passed first reading and 
were referred as follows: , 

Mr. Overman, to incorporate the bank of 
Salisbury. Banks and corporations. 

Mr. Reynolds, to amend chapter 200, 
laws 1881. Education. 

Mr. Peebles, to incorporate the town of — 
Woodland, in Northampton county. . 

Mr. Harris, of Davidson, to amend chap- ' 
ter 293 of the laws of 1881. Finance. : 


1 














Mr. Lineback, concerning the manufac- 
ture of brandy in the county of Mitchell. 
Propositions and grievances. 7 

To prohibit the sale of liquor near the 
Fork Mountain Baptist church. Proposi- 
tions and grievances. 

Mr. Steed, to prohibit the sale of liquor — 
in certain localities. Propositions and — 
grievances. 

Mr. Chandler, to prohibit the sale of 
liquor within five miles of Warm Springs. 
Propositions and grievances. 

Mr. Privett, to protect the citizens of — 
Rutherford county. Propositions and 
grievances. 5 

wr. Walker, relating to the bringing of 
stock from other States into this State. 


Concerning the toll-gates of Cherokee 
county. Propositions and grievances. __ 
To prevent the felling of trees in Cheoah 












gay 


n Gralram county. Propositions and 
evances. - 
Mr, Harris, of Wake, to prevent the farm- 
out of convicts in the county of Wake. 
ropositions and grievances. / 
r. Tate, to protect the citizens of Burke 
ounty. Calendar. 

Mr. Robins, to incorporate the town 
of Asheboro, in Randolph county. Calen- 
dar. 
| Mr. Holt, to make Haw river a lawful 
“fence. Calendar. 

y CALENDAR 
- was then taken up, and disposed of as fol- 
lows : ; 

__ Toincorporate the town of Kill Quick. 
_ Passed its third reading. 

Resolution to adjourn sine die March 5, 
' 1883. Passed its second reading. 

__ To incorporate the town of Rich Square. 
_ Passed its third reading. 
by oncerning wild fowl. 
reading. 

An act supplemental to an act to amend 


Passed its third 


y chapter 307, laws of 1879. Passed its third - 


reading. 

' Yo better regulate the giving of notices 
' and taking of evidence in contested elec- 
tion cases. Informally passed over. 

_ To amend chapter 354, laws of 1881. 
_ Passed its third reading. 


Yoa mend chapter 234, laws of 1881, 
_ (known as the omnibus liquor bill.) Passed 
its third reading. 

_ _ Bill relating to county government. Made 
| the special order for 11 o’clock on Wednes- 
» day. ; 

' To punish the tearing down of bridges, 
etc. Passed its third reading. 

_ To make all conductors special police- 
' men. Referred. ° 

_ To prevent fraud in packing cotton. 

Mr. McCotter explained this bill, and ad- 
_ vocated its passage. 

/ Mr. Strudwick thought that it was un- 
“necessary, for the present law covered the 
' evils which this bill sought toremedy. He 
+moved to table, which was lost. 

yr. tarris, of Wake, was in favor of 
the pill. 

‘r. Overman moved to refer to the judi- 
“Ciary committee, and it was so referred. 
To make Haw river a lawful fence. 
_ Passed its third reading. 

_ To incorporate the Newbern Star Brand. 
Informally passed over. 
| To protect the citizens of Burke county, 
providing for compulsory vaccination. 
Passed third reading. 
__ To authorize the commissioners of Vieck- 
Jenburg county to elect a physician for the 
r- Passed third reading. 

alter the line between the counties of 
likes and Caldwell. Wy 
. Bower explained the bill and spoke 

OR With ve if ‘ 















f it 


egular Session, 1888. 


- possible thing to be done, for the line would 





Se a eee RAPE a ee Oe 


173 
Mr. Bryan was opposed to the bill and 
asked that, the bill be referred or infotmally 
passed over. It was informally passed over. 
To establish the line between the coun- 
ties of Hyde and Tyrrell. é 


Mr. Patrick said that he hoped the bill 
would not pass, for it was requiring an im- 


x= 
ey 
> 


aL soy 





run through a bog which no civilized man 
had ever trod. That Tyrrell county was | 
not interested in this matter and that if 
Hyde county wanted to run this line he was 
willing for them to runit, but was unwill> 
ing for Tyrrell county to pay for that which 
was of no benefit to his county. ie 
Vr, Baum thought there was a necessity ~ 
for running out this line, as there were 
some of the people who did not know © 
which county they lived in. ve 
' r. Simmons advocated the bill for the 
same reasons that Mr. Baum did. “a 
Mr. Wilcox moved to amend by striking 
out all which vequired Tyrrell counnty to 
bear any part of the expense, which was 
adopted. 4 
The bill then passed its third reading. 
To regulate marriage among the Chero-— 
kee Indians. Informally passed over. AE 
To amend chapter 242, laws of 1876 and 
1877. Failed to pass its second reading. 
To incorporate the Trustees of Hayes- 
ville High School. Passed its third read- 
ing. 
For the encouragement and aid of the 
State Guard. Informally passed over. : 
To extend aid to the North Carolina To- 
bacco Exposition. Ordered to be printed, 
and made the special order for Wednesday 
night, at 8 o’clock. | yy) 
To incorporate the Shelby Baptist Female — 
College. Passed its third reading. ; 
Toamend the charter of the town of 
King’ Mountain. Passed its third reading. 
Concerning lands belonging to the board — 
of education, in the county of Bladen. 
Tabled. 
For the protection of aids to navigation 
placed in the waters of North Carolina by — 
the United States lighthouse board. Passed 
its third reading. : ‘ 
To amend chapter 78, laws of 1881, passed — 
its third reading. } 
To amend chapter 175, laws of 1876277, 
passed its second readsng. | 
To incorporate the Oxford toll bridge in 
Catawba county. Pending the considera- — 
tion of this bill the House adjourned. 

























NIGHT SESSION. 


House met at 7:30. The foliowing bills — 
were taken up: 

To change'the time of holding the courts 
of the ninth judicial district, passed its third 
reading. 

To incorporate King’s Mountain High — 
School, passed its third reading. 


= SS 


' Woodington church, 
- Also bill to repeal law as to. sale of liquor 





ye NS a ae 
Proceedings of the General Ass.mbly of North Car 


174 


To, amend chapter 200, laws 1881, passed 
third reading. 

Substitute for an act to make it a misde- 
meanor to employ minors without the con- 
sent of their parents. Tabled. 

To repeal chapter 46, laws 1876-77, passed 
third reading. 

To extend the time to register deeds, 
passed third reading. 

To repeal section 48, chapter 26, Battle’s 
Revisal. Tabled. 

To authorize Chowan county to levy a 
special tax. 

House adjourned while this bill was 


pending. 
SENATE. 
FORTY-SECOND DAY. 
February 20. 

The Senate was called to order at 10 
o'clock. 

Prayer by Rev. Dr. Yates. 

PETITIONS. 

Mr. Dortch, from citizens of Wayne 
asking prohibition in two miles of Nahuntzs 
Friends church. 

Mr. Womack, from certain citizens of 
Chatham, asking prohibition in three miles 
of Zion Christian church. 

Mr. Morehead, from citizens of Guilford, 
asking for the drainage of certain creek. 

Mr. Caho, from certain citizens of Wood- 
ngton township, asking that no further 
stock law be enacted for Lenoir couniy. 

vr. Purnell, from citizens of Wake, ask- 
ing prohibition in one anda half miles of 
Ephesus church. 

Mr. Black, from certain citizens of Moore 
and Onatham, asking prohibition in two 
miles of Moore Union church. 

“ir. Berry, from citizens of Lenoir, in 
Caldwell county, for a graded school. 

RESOLUTIONS AND BILLS. 

Mr. Jones, resolution to furnish Superior 
Court Judges and solicitors with copies of 
the laws enacted by the General Assembly. 

Mr. Berry, bill for a graded school at 
Lenoir, in ' aldwell county. 

Mr. “orehead, bill for the drainage of 
lowlands on Reedy Fork and Horse Pen 
creeks, in Guilford county. 

Mr. Goodwyn (by request), bill to ap- 
point a cotton weigher for the town of 
Scotland Neck. 

Mr. Womack (by request), bill to pro- 
hibit the sale of liquor within three miles of 
Zion’s «bristian church, in Chatham 
county. 

Mr. Caho (by request) bill to repeal the 
law relating to the sale of liquors at 
in Lenoir county. 


at Middleton, in Hyde county. 
fir. Dortch, bill in relation to appoint- 


ment of cotton weighers in Goldsboro. 
Also bill to prohibit sale of liquor in two 


miles of Nahunta Friends church, in 


Wayne. 





















eee 
Mr. Caho moved to take from — 
the motion to reconsider the vote by w! 
the Halifax tax bill failed to pass its thir 
reading on yesterday, tur the purpose of re- 
considering said vote “an 

Mr. Dortch raised vie question that this 
could ni ke dere wccording to parliamen- 
tary rules “4 

The chair said that under the practice in 
this body he was of opinion that the motion 
of the Senator from Pamlico was in order, — 
The question was to reconsider the vote by / 
which the bill to authorize the county of 
Halifax to levy a special tax failed to pass. 
Pending a vote on this motion to reconsider 
the matter was laid on the table. He was 
satisfied after a vote was onee reached on 
the question it cannot be repeated, and ~ 
cited an extract from Senate rule 33: “Nor — 
shall any question be reconsidered more ‘ 
than once.” . 

Mr. Pinnix said that in the confusion yes- — 
terday several Senators had not gotten full — 
light on the subject. He hoped the. bill — 
would be brought again before this body. 

Mr. Payne said he hoped the committee 
on finance would have the opportunity to — 
give to the Senate the views that induced 
them to report that bill favorably. 

Mr. Linney favored reconsidering. 

The motion to reconsider was put, rising — 
vote—ayes 14, noes 17, so the motion to 
reconsider failed. : 

Mr. Jones had the bill reconsidered which — 
passed third reading on Saturday to prevent 
lawyers from serving on the board of county — 
commissioners, and the suggestion of Mr. — 
“ orehead agreed to have it passed over in- — 
formally for the present. } 

Mr. Loftin, a bill supplemental to the act — 
passed at the present session that estab- — 
lishes a law to prevent live stock from run- — 
ning at large in the counties of Greene and 
Lenoir. ° 

Mr. Pemberton, by consent, called up the 
bill to incorporate the Yadkin Falls hanu- 
facturing Company, which passed third 
reading. 

Bill as special order came up for creating a 
railroad commission. ‘The chair said the 
first question was on the amendments of 
the Senator from Wayne, as to expert, &c. 
(This bill and all its amendments with a full 
line of discussion thereof have been re- 
ported in Tur News anD OBSERVER. ) i 

Mr. Clarke spoke at length against the 
majority bill and the amendments. 

Mr. Poole asked attentiou to rule 12, and — 
gave.notice that for the rest of the session 
he should insist on the enforcement of this 
rule. The rule says that no Senator shall 
speak more than twice nor longer than 
thirty minutes on the same day on the same 
subject without leave of the Senate. 

® r. Clark said he would finish his speech 
ina few minutes, and on motion of Ar. 
Pemberton, his time was extended. 





















Rae mae cy 





























_ jority or the minority side would show to 
him that either one was perfect and would 
hold water. So far the Senate had been 

shown all else about these bills but that. 
He argued against the power of the State 
under the guise of a police to regulate the 
 freights.and fares of railroads which were 
chartered before 1868. He said the cry 
with some in this Senate chamber and out 
of it was: ‘‘Let’s pass the law any how— 
the people demand it.” Butif it was un- 
constitutional he did not care if the people 
to aman should call for it, hé would not 
vote for it. Neither bill did anything— 
only paid three men three thousand dollars 
each, and a clerk twelve hundred dollars 
to sitin the shade and do nothing. He 
_ would like to vote for it if he could con- 
scientiously do so, but if the commissioners 
' could not act so as to make it to amount 
to something he was now opposed to cre- 
ating any more sinecure offices. 

Mr. Morehead offered an amendment: 
Add to section 1, of the majority report, 
provided that all of commissioners shall 
not be of the same political party. 

Mr. Pinnix spoke earnestly to the minor- 
ity report, and during his remarks said, 
_ he scorned the doctrine, he abhorred and 

and spurned and spit upon it, that North 
{ { arolina had no right to control her high- 

ways, and that she was powerless and help- 

less at the feet of any railroad, and said he, 

mark me, Senators, you will hear from this 
_intwo years. He told the Senate if the 
people did not get relief from this Legisla- 
ture by a bill that would do something we 
would hear it thunder before two years. 

Mr. Linney said we should not be influ- 
enced by magnificent platitudes or glitter- 
ing generalities, nor should we heed any 
notes of alarm unduly sounded. Uncon- 
' stitutional acts always breed mischief. 
_ Since the Senator from Union had told us 
_ the other day that we had no right to 
' regulate the charters of old roads with 
' fixed maximum rates, he had examined 
_ into the matter and found the position cor- 
rect. Any private business can be regu- 
» lated as far as it is of public interest, ex- 
_ cept as to one thing, and that was alarm- 
' ing» We had no right to interfere with stat- 
' utory regulation as to old railroads whose 
maximum rates had been fixed. He cited 
many decisions of Chief Justice Waite, 
' Justice Field and others, and read from 
charters of roads chartered before 1868 
whose maximum rates h .d been fixed. 

“r. ¥ orehead asked to hear Mr.' Linney 
on two questions. First, distinguish the 
reserved power of sovereignty from such 
as the Legislature can alienate; and second, 
distinguish between contracts with private 
corporations and quasi public. 

_ Mr. Linney, in answer to the first, said 


At its Regular Session, 1883. . 





175 


that the Legislature could not alienate its 
police power, but that wherever it had 
granted charters to railroads with fixed 
maximum rates it had parted with its re— 
served power in the absence of any general 
law at the Gate of the charter. And to the 
second question, he said that both contracts 
with private corporations (clothed with a 
public interest) and quasi public were on a 
common footing with the main feature 
which was that wherever these charters had 
fixed maximum rates they could not be 
touched. He thought the Senator from 
Wayne was on the back track in desiring 
high salaries for these officers. The 
greatest living statesman to his mind 
that North Carolina ever had was 
Nathaniel Macon. Benton said of him 
that he was a man of small pretensions and 
wondeiful performance ; the fault with our 
statesmen of this day is that they are men 
of wonderful pretension and small per- 
formance; and yet Nat Macon served his 
county for just one-half what an African 
gets in Congress. Mr. Linney made a gen- 
eral argument against the constitutionality 
of the commission. 

On motion of M1. Watson further con- 
sideration of the bill was postponed till to- 
morrow at 10:30. 

Mr. Loftin/called up the bill to supple- 
ment the act wlowing live stock to run at 
large in the counties of Greene and Lenoir. 
Passed its third reading. 

Senate concurred in House amendments 
to bill concerning aids to navigation. Also 


with amendments to bill fixing time for ~ 


holding courts in the ninth judieial dis- 
trict. 

Bill to incorporate the Immigrant Land 
and Mineral Company of North Carolina. 
Passed its third reading. 

Mr. Scott, of Rockingham, called up the 
bill known as ‘‘The Sutherlin Railroad 
Bill” that allows Vr. Sutherlin to run his 
road from Patrick county. Va., through 
Stokes and up the Yadkin Valley. Passed 
second reading—ayes 35; noes 1. 

Mr. Poole called up the bill for the con- 
struction of the Albemarle and Raleigh 
Railroad. Passed second reading—ayes 37; 
noes none. 

vr, Pinnix called up the bill to incorpor- 
ate the town of South Mills in the county of 
Camden. Passed its second reading—ayes 
36; nays none. 

Bill for changing the time of holding 
courts iv the third judicial district and pro- 
viding additional terms for Duplin and Le 
noir. Passed third reading. 

Mr. Lovill, resolution as to night sessions 
for the Senate. 

Bill relating to graded schools in Quil- 
ford county passed third reading—ayes 380, 
nays 0. 

Bill to authorize the county commission- 
ers of Jackson county to levy a special tax 





a AD ail 

















nr ee eg 
Proceedings of the Gener 


+. oe 
— to build abridge across the Tuckasegee 
river, passed third reading—ayes 41, noes0. 

_ Billto amend the charter of Goldsboro 

passed third reading. 
‘Will to amend the law as to fish and dys- 
' ters passed third reading. 

Mr. Boykin, petition of certain citizens 
for achange of the dividing line between 
Sampson and Duplin, so as to take in the 
towmof Faison. 

Adjourned. 


; HOUSE OF REPRESENTATIVES. 

__ House was called to order by Speaker 
» Rose. 
me ©sPPrayer by Rev. Dr. Yates. 
ot. PETITIONS 
> were introduced as follows: 

Mr. Liles, from Polkton, asking for a pro- 
hibitory law for Penny Grove church; from 
Burnsville township, Anson county. 

Mr. Bryan, from Wilkes county, relative 
to the line between Wilkes and Caldwell. 

Mr. Bradley,from citizens of Polk county, 
. asking for a prohibitory law for a certain 
~ ehurch. : 

_ Mz. McAllister, relative to the appoint- 
"ment oj justices of the peace. 

_ Mr. Sherrill, from physicians in Catawba 
> eoubty, asking amendment to chapter 24, 
> private laws of 1881. 

; From Hickory township, relative to the 
__ appoiatment of justices of the peace. 

' Mr. Lawrence, relative to the appoint- 
_ ment of justices of the peace. 

yr. Stewart, from the liquor dealers of 

Harnett county. 

_ Mr. Glenn, from Vance county, against 
- the levying of a special tax. 

_ Mr. Smith, relative to the sale of liquor 
near a certain church. 

Mr. Sutton, relative to the appointment 
of justices. 

Mr. Peebles, relative to the sale of liquor 
in & certain locality in Northampton 
county. Relative to the appointmen. of 
justices in Warren county. Relative to the 
sale of liquor at Seaboard. 

Mr. Pruitt,‘ from Rutherford county, 
_ relative to stock law. 

RESOLUTIONS. 

Mr. Stringfield, resolution looking to the 
removal of the political disabilities of W. 
_ W. Holden, late Governor of North Caro- 
"lina. Judiciary. 

rege: Mr. Harris, of Wake, concerning the 
“management of the penal and charitable 
institutions of this State. Penal institu- 

_ tions. ; 





op 


BILLS 

were introduced, passed their first reading 
and were referred as follows: 

_ Mr. Stringfield, to prevent fishing with 
nets, etc. Fish. 

_ Mz. Abbott, to prohibit the use of pound 
or Dutch nets in Pasquotank and North 
Tivers. Fish. 





wee 


il As 












\ ued 
x x 
Mr. Williams, of G 
rate the bank of Oxfor 
rency. ‘\ 
Mr. McCurry, to incorporat 
Mountain Railway Company. Cor 
tions. ae [ey 
Mr. Springfield, to repeal an act to 
porate the Jonathan Creek and Tenne 
Mountain Turnpike Company. Corp 
tions. eae sis 
Mr. Sherrill, to incorporate Mt. St. 
seph’s Academy. Corporations. 
Mr..Baum, to incorporate Leonsburg, in 
Hiyde county. Corporations. Me 
Mr. Cowtll, to incorporate the Cashie 
and Chowan Railroad and Lumber Com- 
pany. Corporations. a 
Mr. \cAllister, to increase the educa- 
tional fund. Education. ea 
vr. Newby, to amend chapter 311, laws” 
1881. Education! Fis 
Mr. Myers, to repeal the merchant's pur- 
chase tax. Finance. ; i 
Mr. Patrick, to exempt certain persons 
from polltax. Finance. ie a 
Mr. Newell, to prohibit the sale of liquor 
near Brown Marsh church in Bladen county. ~ 
Propositions and grievances. : 
Mr. Houston, prohibiting the sale of © 
liquor in a certain locality. Propositions 
and grievances. i. 
Mr. Powers, of Cumberland, for relief in’ 
certain cases. Propositions and grevances. — 
Mr. Holton, to incorporate Fairbush — 
Union School. Calendar. ; ; 
Mr. Temple, to repeal the act incorpora- — 
ting the town of Forestville. Calendar. 
Mr. "yers, supplemental to an act to in-~ 
corporate the Loftin Silver Lead Mining 
company. ‘ orporations. ; io 
Mr. Struckwick, to amend chapter 139, 
laws of 1870-71. Salaries and Fees. 
THE CALENDAR. _ , Z 
was taken up and disposed of as follows: — 
To authorize Chowan county to levy a 
special tax. i. 
Mr. Sutton opposed the bill, and said the 
majority of his people djd not want it, and 
as far as he was able to ascertain, only on 
*citizen of Chowan county asked for its pas- 
sage. 
The bill was informally passed over. 
To incorporate the town of Franklin, 
in Macon county. Passed its third read- 
ing: 4 
To authorize the sale of the poor house, 
in Randolph county. Passed its third read- 
ing. 
To incorporate the town of Asheboro. 
Passed its second reading. fies a 
Lor the benefit of farmers in Gray’s Cre 
township in Cumberland county. 
Mx. Worthington took the chair,” and 
' Mr. Rose took the floor, and said that 
was merely an act to have a no fence 
in this township, and that every ;le 
owner in that section had signed the p 























































































































\ i a 













































xcept three or four, and he hoped the 
would pass. 
Mr. Powers, of Cumberland, said that he 
was opposed to the bill; that in the last 
eampaign his colleague “ i'r. Rose) and 
mself were saa on this subject, and 
that no man emocrat or Republican, 
could have been elected in Cumberland 
county that was in favor. of a stock law; 
' that he knew the sentiments of the people, 
and that a majority of the land-owners 
“were opposed to any such law, he hoped 
_ the bill would not pass. 
'* Wr. Rose said that he would not favor a 
"stock law for Cumberland county, that 
| something was said about a stock law for 
_ his county in the last campaign, and that 
he had said that Le would not vote fora 
_ stock law for the whole of Cumberland 
“county, nor would he. [ut he had gone to 
_ Fayetteville and ascertained the fact that a 
) large majority of the land owners in that 
“section were in favor of this bill. That 
'with the exception of the few property 
holders in this section who did not sign 
p this petition, the majority of its opponents 
) were a. floating population which did not 
i Own property, and that they did not vote 
for him but for his colleague. 
Mr. Bryan was opposed to the bill, and 
“thought it wrong to thrust a stock law on 
any people without submitting it to their 
vote. 
_ Mr. Ray interrupted him and reminded 
‘him that this was not a bill with a prohibi- 
tion provision in it, and therefore his usual 
‘amendment would not apply. 
| Mr. Bryan thought that there was prohi- 
bition in more things than that of whisky, 
sn that he thought it unwise to pass this 
bi 
4 The bill was further discussed by Messrs. 
Powers of Cleveland, 'Temple and Peebles. 
a he bill then passed its second reading. 
' An act to establish the line between ‘Hyde 
and Tyrrell counties was returned to the 
‘House for correcticn. The vote by which 
this bill passed was reconsidered. The bill 
was then tabled. 
ii vr. Patrick moved to reconsider 
vote and to table, which was carried. 


‘Yo incorporate the Rank of Salisbury. 
HOrdered to be printed and informally passed 
over. 


_ Mr. Sherrill offered a resolution to meet 
Y 9:30 o’clock, and fixing the hour for the 
t session from 7:30-to 10:30 o'clock. 
o amend the charter of the Oxford and 
Henderson Railroad Company. Second 
Yeading. 
For the protection of fish in the county 
of Guilford. Third reading. 
To amend chapter 24, private laws 1881. 
ird reading. 
establish graded schools in the town 
Toe. jBecond reading. 


that 


| 
| 
| 


I 





ia Sia TU Me ys I 


At its Regular co, 1888. 





er wey sisi ies pe La ty eet ta eat 4 Pit re 


To establish new townships in Lenoir 
county. ‘Third reading. 

Resolution changing the time of meeting 
of the House from 10 to 9:30 o’clock. 
Tabled. 


Relative to the method of alloting dower. 


Third reading. 

Senate amendment to the bill amending 
the charter of the town of Henderson. Con- 
curred in. 


To amend chapter 368, laws of 1881. In- 
formally passed over. 
To amend chapter 234, laws of 1881. In- 


formally passed over. 
Adjourned. 
NIGHT SESSION. 

Substitute for an act for the protection of 
the estates of deceased persons. Failed to 
pass its second reading. 

SPECIAL ORDER. 

An act to provide for the 
taxes. Pas;ed third reading. 

House adjourned. 


SENATE. 
FORTY-THIRD DAY. 
WepnespAy, February 21. 
Senate called to order at 10 o’clock. 
Journal reading dispensed with. 
PETITIONS. 
Mr. Hill, of citizens of Duplin, praying 
that they ‘be not transferred to Sampson 
county. 


collection of 


Mr. Costener, of certain citizens of Lin- — 


coln and Cleveland counties, praying 
against anew county out of Rutherford, 
Cleveland, Lincoln, Catawba and Burke 
counties. 

Mr: Payne, of citizens of Monroe, asking 
that said town be incorporated. 

Mr, Morehead, of citizens of Centre 
Grove township, Guilford, asking for a pro- 


hibitory law in two miles of Centre Grove - 


church. 

Mr. Purnell, of certain citizens of Wake 
and Franklin, asking repeal of prohibition 
near Hawkins’ Chapel. 

Mr. Jones, of certain citizens of Gran- 
ville and Vance, asking the appointment of 


bonded weighers i in the! tobacco warehouses. — 
Scott, of R \ckingham, of citizens of - 


Mr. 
Rockingham, asking Senate to vote against 
the bill to appoint tobacco weighers. 


BILLS. 


Mr. Ramsay, bill to amend®law concern- 
ing gates and bars on cartways. 

vr. King, of Cherokee, resolution in aid 
of the exhibit of the State’s resources at the 
exposition of the New England Mechanics’ 
and Manufacturers’ Institute. 
. Mr. Payne, bill to incorporate the town 
of Marvin, in Anson county. 

By the same, bill to amend the act to 
provide for keeping in repair the public 
roads. 





BYR 


oO ie aes, 


By the same, bill to authorize justices of 





the peace to issue process in certain cases 
to any county other than their own. 

Mr. Black, (by request), bill to prohibit 
manufacture and gale of liquor in two 
miles of Moore and Union Church, in 
Chatham county. 

Mr. Toon, billrelating to pecial rates on 
freight. 

THE RAILROAD COMMISSION BILL. 

Bill came up as special order, creating 
railroad commission. The first ques- 
tion was on the amendments to the original 
bill. The amendment as to experts, &c., 
was lost. ; 

ix. Payne took the floor, and argued in 
favor of the majority bill, and thought it 
if would not do for this Legislature to ad- 
journ without providing some wise and 
At salutary police measure that would stand be- 
tween the people and the railroads and pro- 
tect the one and at the same time do justice 
tothe other. It would be doing a very great 
injustice to the people of the State to pro— 
vide for the regulation of freight and pas- 





? 


Proceedings of the General Ass 





senger fare, when with one or two excep- | 


tions, it was admitted by every Se: ator on 
this floor that what was proposed by the 
minority bill was absolutely unconstitution- 
al. For such legislation the people would 
have utter contempt. The State retained 
its police power, so as t.; prevent unjust 
discrimination. The majority bill proposed 
fo prevent this discrimination, and protect 
' the people. He cited several authorities to 
show that his legal positions were correct. 





vy, Watson said he desired only to sub- | 


mit a remark or two, an. to submit some 
amendments to the minority report, and 
with those amendments he was for the mi- 
nority repo:t. Ife argued that a passenger 
taking the cars from Washington to New 
Orleans, when he reached Virginia tray- 
 elled at the rate of three centsa mile, and 
when struck the North Carolina line, he 
travelled all through the State at four cents 
a mile, until he reached South Carolina, 
when he went back again to three cents a 
- mile, beause those States regulated such 
_ fare and this State did not. He. said that 
no railroad could live in opposition to the 
will of the people, and that the people of 
the city of Pittsburg, he was told, sympa- 
thized with those men who plied the torch 
fo the Pennsylvania Central railroad, 
though they cgusidered them as plying the 
_ daggers of thé assassin, felt that it was done 
for the purpose of tempering despotism. 
His amendment to the minority report was 
. reducing the term of office to two years in- 
‘stead of four. Also one striking out sec- 
tion 18; and again, in section 12 strike out 















‘thereof the words ‘‘prima facie.” Also sec- 
tion 12, by striking out .“‘three thousand” 
"in line 2, and insert ‘‘one thousand two 
hundred,” and by striking out ‘“‘twelve” in 
line two, and insert ‘“‘fifteen.” He propos- 








“sufficient” in line 12, and insert in lieu. 





’ fering it that it was unconstitutional. 















































babe 


be 
mbly of 


ed giving the clerk three | 
more than the commissioners, 

clerk would perform the main part 
labor of the commission. ul 

Mr. Dotson offered an* amendmen’ 
majority bill, prot ea one ¢ 
sioner, at a salary of $2,500, with a clerk 
a salary of $1,200, to be paid by the 8 
Also, to amend by striking out sections 
21 and 22 of the majority bill. 

Mr. Boykin, in reply to Senator Linn 
said that he understood the Senator to ag 
that the State could not alienate its po 
powers. This the Senator agreed to. Judge 
Cooley. in his work on Constitutional Limi- 
tations, says that the police powers of a 
State extend to the protection of lives, 
limbs, health, comfort and quiet of all per- 
sons, and the protection of all property 
within the State. Again, under the police 
power, persons and property are subjected 
to all kinds of restraints and burdens, in ~ 
order to secure the general comfort, health 
and prosperity of the State. Again, all con- 
tracts and all rights are subject tothe police ~ 
power, and aJl regulations affecting them: 
must be subject to change from time ‘to ~ 
time as the general well-being of theeom- 
munity may require, or as the circum- 
stances may change, or as experience may — 
demonstrate the necessity. Hence if the 
power to change contracts and all rights is 
a police, and if a police power cannot be 
alienated by the State, as the Senator ad- 
mits, then the State has not parted with the 
privilege to control the railroads in matters 
necessary to the good of the public. 

The amendment striking out section 16, 
allowing commissioners to preseribe sched- 
ule, &c., was adopted, and the provision” 
inserted, giving the commission power to - 
recommend what legislation it thought 
proper, was voted in. J, 

The amendments to add after section 1, 
“that no officer of State or member of this — 
Legislature be eligible as a commissioner,” ~ 
was allowed to be withdrawn by Mr. ~ 
Loftin, who said he had been told since of-_ 


i 


The amendment of Mr. Vorehead that all ~ 
the officers of the commission should not 
belong to the same political pa-ty was” 
adopted. 2 

Amendment of Mr. Purnell, to strike out_ 
sections 20, 21 and 22, providing for an as-. 
sessment on different railroads for the pur-_ 
pose of paying the expenses of the commis- 
sion. Mr. Purnell called the attention .of 7 
the Senate to the decision of Justice Gary 
comeurred in by Justice Yiller, in the) 
case of the County of San Yateo vs. South- 
ern Pacific Railroad Company, and argued 
that even if it was not in violation of the” 
State constitution, it clearly was of the 14 
amendment to the constitution of the Unit 
States. The amendments were adoj 

Mr. Dotson’s amendments were 





Via 


Watson raised the point that no 
jorum was voting, but did not make it in 
(These were all the amendments to 
the majority bill.) 

Mr. Pinnix asked to substitute the mi- 
ity report for the bill,and it was brought 
ore the Senate. It was put to the vote, 
d Mr. Pinnix asked for the yeas and nays. 
Ordered—yeas 15, nays 29, so the substi- 
tute was not adopted. 

_ Mr. Watson said the fate of that bill was 
‘the fate all other bills on the subject had 
“met with that the people had asked for the 
 Jast six years. The bill now pending on the 
“subject was not worth the paper it was 
_ written on. 

_ Mr. Payne said the Senator from Forsyth 
admitted that he had some doubts about 
this power; then, if there was such doubt, 
~he did not see how the Senate could be in- 
_ voked to adopt those sections of the mi- 
- nority bill. 
_ The question came up on the original bill 
_ as amended. 
| Mr. Pinnix said it was worth nothing. 
vir. Scott, of Rockingham, said he would 
infinitely prefer they should go home with- 

_ out doing anything except to adopt this bill. 

_ Ifgthe Senator from Union is correct that 

_ we had no right to control the roads chart- 

ered before 1868, then, sir, we could do 

nothing; but he believed with the Senator 

_ rom Sampson that we had the right to con- 

tro] these roads,and he had hoped we would 
perfect a bill that would do something in 
that way; but with this bill, as it stands 

“now, it was absolutely better to do nothing 

_ than to adopt it. He was anxious that the 

' substitute, with the amendments suggested 

by the Senator from Forsyth, should pass. 
‘zr. Watson expressed his doubts as 

_ to the power of the commission; that it was 

' on his return when he had not examined 
| into the matter as he since had. 

_ Ms. Loftin moved to table the bill. 

- On that motion “r. * orehead asked the 
» ayesandnoes. Ordered. Several Senators 
_ gave notice explaining their votes. 

_~ The vote stood yeas 24, nays 20, so the 
bill was tabled. The vote was as follows: 
| Yeas—Messrs. Berry, Carter, Clarke, Co- 
“zaxt, Eavgs, Evans, Farmer, Graham, 
_ Hampton, Jones, King of Cherokee, King 
of Pitt, Loftin, Lovill, yon, McLean, Neill, 
Pinnix, Purnell, Ramsay, Scott of Rock- 
Ingham, Speight, Watson and Webb—24. 

'_ Nays—Messrs. Alexander, Black, Boy- 
kin, Caho, Costner, Dortch, Dotson, Hiil, 
dinney, sebane, Morehead, Morrison, 
he, Pemberton, Poole, Richardson, 
trayhorn, Toon, Woodhouse and Womack 
















ry 
ne. 


a 





















‘Mr. Holston said: If I had any hope that 
the second or third reading of this 
endments would be adopted which 
aye vitality to it, I would vote no, 
vee ej 


ae | 


gular Sessivn, 1883. 





- the Senator from Granville to postpone to 


_ but yet, believing that its report, as there ~ 


'< Chit Sco talks a2 Sie «Sgr 1 By Pat 























hope and cannot vote for a bill which takes 
money out of the peckets of the people 
and which gives them no relief. yg 
Mr. Ramsay said he had hoped to be able 
to vote for some bill on this subject, but — 
that hope was dissipated by the arguments 
on the constitutionality of the question. It 
was now evident that the substitute pro- ~ 
Posed by the Senator from Stanley would ~ 
not be considered. If that had beencon- ~ 
sidered, he had intended to propose an ~ 
amendment substantially restoring the office — 
of Superintendent of Public Wark: un- 
wisely, as he thought, abolished some years 
ago. With a commissioner elected by the 
people, he would have voted for that sub- 
stitute. a4 
Mr. Jones, explaining his vote said: I 
voted for the bill offered by the minority as a 
su stitute forthe majority report. Thepeo- 
ple of my county ask relief. [have weighed 
the matter carefully and am of the opinion ~ 
that the Legislature can regulate all the ~ 
railroads of the State. The substitute has ~~ 
been defeated aud the bill now beforeus 
amounts to nothing. The State will have 
to pay large salaries to officers, and in my 
judgment, the people get no relief more 
than they now have. Therefore I vote to 
table the report of the majority. ’ 
vr. Webb explained his vote and said 
that some legislation was needed upon 
this very important measure, but thathe 
did not believe the bill now before the Sen- 
ate, if passed, would give the relief de- — 
manded by the people of North Carolina, 
it giving the commissioners no powers, 
consequently he would vote no. If the ~ 
present Legislature cannot regulatefreights, 
&e., the next Legislature cannot. a 
Mr. Strayhorn said: Representing the 
people of my district, I voted for the mi- 
norits bill, because it gave the commis- © 
sioners full power to regulate freights and 
fares. The majority bill gives no powers; ~ 


provided, to the néxt General Assembly, 

will force that body to pass sucha billas ~ 

the people demand, I shall vote against 

tabling. I vote no. a 
Mr. Purnell, bill relating to. the graded 

schools of Raleigh township. <3 
Bill came up on special order, to appoint. ~ 

weighers for the tobacco warehouses. 
Mr. Jones offered a substitute. 


“r. Jones’ substitute only differs from 
the original bill in that it regulated the fees, 
giving the penalty all to the county instead ~ 
of one-half to the informant. e 

Mr. Cozart accepted this substitute for — 
the bill. 

Mr. Scott, of Rockingham, said he had 
taken care to examine the original bill and 
was opposed to it. It might be that he pre- 
ferred the substitute, and would suggest to 


Roe ee ee 
ie 
180 






~ this bill. 
' Mr. Cozart—No, sir. ; 

Mr. Watson said no doubt they wanted 
this billin the Senator’s own county, but 
there was no need for it up his way; he was 
a for giving it to the Senator’s county if he 
wished it. 

_ Mr. Scott, of Rockingham, said exacthy 
KS so: that so fi iw from wanting sucha bill, his 
fhe _ people had petitioned against it; he really 
‘ desired no postponement, but was ready 


a 


now to answer for the fa: mers of Rocking- 
ham; he had no objection to a provision to 
& “the bill applying to the Senator from Gran- 
» ville’s own county. 
: Mr. Strayhorn said he hadn’t seen the 
' substitute, and hadn’t had time to get the 
' sentiments of his people; he favored post- 
_ ponement. 
Mr. Cozart said he had received petitions 
’ asking for the bill from farmers in Vance, 
- Durham, and Granville counties. 
Mr. Jones said the people of those coun- 
_ ties demanded relief; they were here en 
ig masse, and he was receiving numerous pe- 
 fitions from them. He had offered an 
* ois) amendment that this act shall apply only to 
- the countiesof Granville, Vance, Durham 
~ and Warren. 

Mz. Strayhorn amended the amendment, 
to strike out Durham,” and said he did so 
_ because he knew nothing of this substitute. 
— Wr. Cozart said he had many petitions 

from Durham; he read to show what these 
__-warehouses char gcd, that in one case some 
tobacco br ought s six dollars and twenty-two 
: cents, and they charged one dollar ‘and 
vee 
$ y 























fifty-seven cents for weighing. He said it 
- Wes outrageous the way the farmers were 
handled in this manner, and stated he had 
e in petition nearly a thousand names from 
_ farmers in Vance, Granville, Warren and 
/ Durham. 

% Mr. Pemberton read to the Senate an ed- 
 itorial in Tor News anp Osserver of this 
“morning, concerning a letter received from 
‘eone of the leading men in a tobacco county, 
who said the far ers there earnestly de 





&e., &e. 

Mr. Pemberton said if these farmers de- 
"> sired such relief, and this bill gave it to 

» them, then he was for the bill. 

-™r. Jones spoke garnestly to his sub- 
titute; he said these people told him they 
emanded relicf, and that it was absolutely 
necessary for them to have it. He pressed 
his substitute in favor of their interests. 
wr. Watson said there was no complaint 
from his people, he had not heard a word 
‘om them, and therefore he had wished 
county taken out. 
Mr. Strayhorn said the substitute might 
pertectly fair and just, but he did not 
opose to vote for it now without exam- 


Proce: dings of the CaneM “tavenstiey 
iin 14th day of March before taking up 





_ sired bonded weighersin these warehouses, _ 













































postponed, but thatit y 
the committee on propositic 
ances, that the farmers and wa 
might go before that committee. 
to recommit the bill. « 

Mr. Cozart said that farmefs- were 
here in this Senate. To show the upri 
among them, he read some warehouse 
charges, one where the tobaeco sold 1 0 
nineteen dollars and odd cents, and 
charges for weighing were two dolinres 
thirty-seven cents. 

Mr. Evans asked wiat Senna: we 
gentlemen was quoting. 

Mr. Cozart-replied that he had char cell 
from the wafchouses in Granville; ‘Vance 
and Uurham. 

Mr. Jones insisted on having his s amend 
ment first adopted, excluding all other 
counties than Granville, Vance,, Durham ~ 
and Warren, and if the Senator from Orange 
wished Durham county either in or out, | 
he could go before, the other House. oy 

The vote was taken, and the Senate re- 
fused to 1ecommit. The vote was then 
taken on the substitute and the substitute 
was adopted. a 

Mr. Strayhorn offered an amendment to 

“strike out Durham.” The amendment was 
not accepted. 

Mr. Jones’ amendment was then adopted, — 
and the bill passed its second reading. 

vr. Stryhorn objected to a third reading. 

Mr. Jones insisted on a third readin 

Mr. Strayhorn said he would like to eave ; 
time to examine the bill; that petitions 
were here from Durham for it, and if it 
was a good bill he would like to ‘have Dutt 
hayo in. 

vr. Jones’ motion for a third reading was \ 
put_to a rising vote—yeas 17, nays 15. 

vir. Str ayhorn raised the point that it was — 
not a two-thirds vote; that it required that — 
to suspend the rules if objection was made. . 

The Chair (Ma. Pinnix in the chair) so — 
held, and the bilh lay over for a third read- ; 
ing, as it was not a two-thirds vote. 

Myr. Strayhorn, bill in relation to official ; 
bonds. Zs 

vr, Watson, bill to regulate railroads. 

Mr. Loftin, bill for the benefit of fon4 
federate soldiers. 

Mr. Purnell, bill to amend chapter 232, 
laws 1879, by striking out Ephesus chicka 
Also bill to ainend chapter 278, laws 1874-75. 

Mr. Dortch, bill to settle the dividing line — 
between Warren and Vance. 

Bill came up as special order relating to 
roads and highways, (Mr. Alexander’s road | ‘ 
bill). It was meant for his own county, ~ 
but Senators had engrafted a section in it” 
which would permit it to be adopted by the 
commissioners of any county. It consti-~ 
tutes the magistrates in every township a 
board of trustees. Mr. Alexander ex- 
plained his bill, and said this question’ 
bound ,to be tackled br this: 










































or some other, and the sooner we did it 
the better. He knew it was not a popular 
question, but if Senators would come up 
and do their duty they would find it better 
the end. 


dopted. 
Mr. Dotson said, as he understood it, any 
ounty could accept the bill or not. 
Mr. McLean, bill to amend the charter of 
_ the town of Shoe Heel. 

_ Adjourned. 


HOUSE OF REPRESENTATIVES. 
The House met at 10 o’clock, Speaker 
Rose in the Chair. 

_ The reading of the journal was dispensed 
with and it stood approved. 
By PETITIONS 

were introduced as follows: 

__ W™essrs. Hewlin, Johnston of Craven, 
_Forbis and Lawrence, relative to the ap- 
_ pointment of justices. 

_ Mr. McAllister, from Cabarrus county, 
‘asking prohibition in certain localities. 

Mr. Larrett, relative to the sale of liquor 
near Black Jack church. } 

_ Mr. Stewart, asking for a new county to 
be tormed from the counties of Wake, Chat: 
ham and Harnett. 

_ Mr. Lawrence, opposing the new county 
to be formed from the counties of Wake, 
“Chatham and Harnett. 

__ Mr. Gudger, relative to the sale of liquor 
‘in a certain locality in the county of Bun- 
-combe. 


_ Mr. Montgomery, from Vance county, 
sking to be allowed to issue bonds fora 
building fund. 
Mr. Lenoir, from Mitchell county, asking 
to be annexed to Watauga county. _ 
Concerning a public road in the counties 
of Caldwell and Watauga. 
_ Mr. Worthington, relative to. the sale of 
liquor in certain localities. 
BILLS 
were introduced and passed their first read- 
"ing and were referred as follows: 
_ Mr. Forbis, to create a railroad commis- 
on. Calendar. 
_ Mr. Stanford, to make an appropriation 
for the Insane Asylums. Calendar. 
_Mr. Beal, to regulate the purchases for 
State institutions. Calendar. 
_ Mr. Thompson, relating to the repairs of 

bridges in Onslow county. Calendar. 
To change the corporate limits of the 
town of Jacksonville. Calendar. 

Mr. Ball, to amend chapter 73, laws of 
1860-61. Calendar. 
_Mr. Powers, of Cleaveland, to amend 
apter 135, laws of 1879. Calendar. 
Mr. Sherrill, to incorporate Mott's Grove 
np Ground. Galendar. 
_ Williams, of Sampson, to amend the 
ng clause of the bill to change the 


At its Regular Session, 1883. 


181 


name of the Edenton and Norfolk Railroad. 


Calendar. 
Mr. Overman, relative to the construction 
of conveyances. Judiciary. 


Mr. Hayes, of Swain, to annex a part of 
Jackson county to Swain. Propositions 
and grievances. 

Mr. Green, of Franklin, felative to the 
sale of liquor near Poplar Springs and Papis 
Chapel churches. Propositions and griey- 
ances. 

Mr. McAllister, relative to the sale of li- 
quor in certxin localities. Propositions and 
grievances. 

Mr. Smith, relative to the sale of liquor 
in certain localities. Propositions and 
grievances. 

Mr. Worthington, to incorporate the 
town of Harrellsville. Corporations. 

Mr. Williams, of Granville, to exempt 
manufacturers from corporation tax in Ox- 
ford. Corporations. 

Mr. Harris, of Wake, concerning the pen- 
itentiary. Penal institutions. 

Mr. Overman, relating to a public road 
in the counties of Davie, Rowan and Ire— 
dell. Railroads, postroads and turnpikes. 

Mr. Byrd, to establish a ferry across the 
river in Yancey and Mitchell counties. 
Railroads, postroads and turnpikes. 

Mr. Ray rose to a question of privilege 
and said: In the discussion on yesterday of 
the no fence law for a portion of Cumber- 
land county,I made statements,to which the 
gentleman from Wilkes replied in very 
rough language,and in reply to him I stated 
that the gentleman had better means by 
which information could be obtained than 
I had, for his travels over the country in 
the Kirk campaign had been much more ex- 
tensive than mine had been. I stated this 
on the authority of truthful gentlemen, who 
told me such were facts. He then rose and 
stated that it was basely false, and that he 
had not at any time been connected with 
Kirk, or with that noted campaizn. Icon 
cluded J had been incorrectly informed, 
and apologized to him for making the de- 
claration. Since then [have had occasion 
to look up the gentleman’s record, and find 
all I stated to be true, and a great deal 
more. We find on examination of the re- 
cords filed in the Adjutant General’s office 
that the gentleman from Wilkes was com- 
missioned Major General in the Kirk militia, 
and assigned headquarters at Trap Hill, 
wherever that may be. This is found in 
the Order Book of General Fisher for 1870. 
Now, Mr. Speaker, when he denied that 
positively, yesterday, you see he stated 
what he knew to be absolutely false in 
every particular, and because I could 
not produce proof at that time that it 
was false, I apologized for doing 
him an injustice by telling the 
truth on him. We find that he not only 
belonged to that noted campaign, but-jfor 





























































ty , ' VR leet, 4 ~~ 
hint ‘ 4 ( 5 gy, ae hit At te te 
182 Proce dings of the General Assembly of Nor 
_ services in it he drew money which wasde- | order, and that from the | 
- cided by the court of impeachment. to be | Cove, in Stokes county was 
unlawfully obtained, and unlawfully squan- | in his opinion any company ch be 
dered. Ifind in the treasurer’s report of } this road wouldlay theiron. He-wante 
- the expenses of the Kirk war, the following | people of Fayetteville to have a con 
_ resolution : tion to the South Carolina line, and they 
Resolved by the Senate, That the public | ple along the line to have the same conn 
treasurer is her@by instructed to report at | tion, but he wanted some provision to ce 
an early day a detailed account of the ex- | pel them to build the road from Greensbo 
 penses of, and all moneys paid to the offi- | to wt. Airy. They said they would build” 
- ‘cers and soldiers of Kirk’s and Clarke’s mili- | that part of the road, but such a provision” 
tia, mentioning the name of each officer | would keep them from floating their bond 
and soldier, and the amount yeceived by | All he wanted was a provision compell 
éach.” In obedience to the requirementsof | them to build the road from Walnut Cove, 
that resolution ‘ve find here the names of | where the iron was laid, to the South Car-~ 
Kirk and Bryan as having drawn money | olina line; that this provision only na 
reported by the treasurer and with his cer- | them do what they said they would do. He” 
tificate of its correctness attached to it, and | was not opposed to letting them have con-— 
this money was drawn by the gentleman | victs, but wanted them to work them on 
from Wilkes, for services that he solemnly | the northern and western branches of the © 
declared he never rendered. He has the | road; that this bill gave them the right to © 
cheek to do any thing, Iam aware, but | | work the present force of convicts until 
- do not think he would have made this de- | Gabriel blowed his trumpet. He was op- © 
' claration if he had known.the records could | posed to their building depots, ete., until the 7 
have been produced. road was completed to Mt Airy; that gra- ~ 
~ his expenditure of money was one of | ding and laying down the track was enough 
the articles in the impeachment trial, and | for them to do for any section until the en- ~ 
~ it was decided that the money was unlaw- | tire line was graded and the iron laid. That ~ 
fully squandered and unlawfully obtained. | Stokes had stood by other counties in the 
What did the gentleman then do with this | past when they wanted railroad facilities, © 
- blood money? Did he, like Judas, come | and that all she asked was for a few con- ~ 
~ hack and return it? No, sir, his heart was | victs to be put on this road in that county, — 
harder than that of the old personification | and that there was nothing wrong in his ~ 
of avarice itself, and in place of having the | amendments and he hoped the minority re- 7 
brain and the nerve and manhood to go and | port would be adopted. 4 
hang himself, as in all common decency he Mr. Forbis was opposed to the minority — 
_ should have done, he comes here and gets | report and in favor of the bill as it eame — 
; 


oy 
n- 

















up in the face of the intelligence of the | from the Senate. The amendments of © 
State and denies charges that he knows to | the gentleman from Stokes had as little 7 
 betrue. Iam sorry that the necessity to | merit in them as anything he had ever — 
} show the gentleman up has arisen, but after | seen; that if it were possible to engraft them — 
his reckless. assertions I could not do oth- | into the bill he would have no objection ~ 
_erwise. Now, Mr. Speaker, [withdraw my | nor would the syndicate, but they were en- 
apologies made on yesterday, and repeat | grafted in the bill when it went to the Sen- ~ 


that every word I said then is true. ate, but that after being loaded down with — 
ny Mr. Bryan then rose to a personal expla- | amendments it crawled through there like ~ 


nation, and during some very extendgd re- | a crippled snake after two weeks, and i 
"marks said that he had never had ue con- | that if it went back there the session 
nection whatever with Kirk, but had been | would adjourn without making yh dis- | 
an officer in the regiment of Col. Clarke | position of this road. If some) disposi- ~ 
- during that period; that he did not go with | tion was not made of it, it would haye — 
Kirk, and had nothing to do with him. to be sold, for no Legislature would vote an- 
CALENDAR appropriation for it, and if it was sold ~ 
_ was taken up, and the following bills were | at public auction we would not know what ~ 
_ disposed of as follows: we would g t for it. Any such amend-~ 
3 SPECIAL ORDER ments would prevent them from negotiating 
"being an act to provide for the State’sin- | their bonds, and he _ believed they” 
terest in the Cape Fear and Yadkin Valley | would build the road to “t. Airy and Dan-_ 
Railroad. bury, because they said they would, and it 
The question was first upon the adoption | would also be to their interest not to stop 
of the minority report. at Walnut * ove, where they could get” 
Mr. Phillips explained the minority re- | nothing but rabbits and blackberries.” 
ort, and said if there was anything that | When they got to Mt. Airy they would 
lis people were concerned in, it was the | open upa large coal country. He hoped 
sale of this road which they had looked | the bill would pass as it came from the Sen- 
forward to for a long time. That forty- | ate, without amendment. 
seven miles of the road was inrunning Mr. Overman said that this syn 


De ng ; * Pere he iy « 


at 







































ii 





all good men, but this bill was 
ar sale, and that we did not know how 
long it would remain in their hands. He 
‘moved to amend the bill so as to have the 
convicts furnished upon the same terms as 
hey were furnished to the W. N. C. R. R. ; 
bat it provided that they should pay in 
ash for the convicts; that it was only 
about $20,000 a year, and that if they could 
not pay that they could not build the road. 
The bill provided that we should get mort- 
gage bonds in payment for them, which 
might or might not be wortha dollar; that 
the people paid their taxes to support the 
convicts in cash, and that we ought to have 
cash for their services. He hoped his 
amendment would pass. 

| Mr. Power said that in 1880, when this 
road was in a sinking condition an ap- 
_propriation of $30,000 was made for this 
“road upon the promise of building the road 
' to Mr. Airy. That the people of the West 
_ had looked forward to having a road, but 
» that the substitute of the Senate was a cold- 
blooded proposition” to repeal the charter 
of this road and thereby destroy their hopes 
'of aroad. That this syndicate never in- 
tended to build the Yadkin branch. ‘That 
» he wanted the road sold, but would rather 
' have a public sale than to sell under this 
) bill and let all “bidders come in. That he 
was opposed to the ‘$97,000 of bonds going 
‘into the Treasury; that they were issued 
' for the construction of this roac, and he 
' wanted them to go for that purpos . That 
the love of the syndicate for the people a’ d 
‘this road exceeded anything on earth; it 
-exceeded the love of Damon for Pythias, or 
Jonathan for David. He was opposed to 
the pill. 

» ‘ir. Rose favored the bill, and said his 
‘people were more interested in the building 
of this road than any other people; that 
unless something of this sort was done that 
the road would have to be sold; that there 
“was out now $185,000, which was all of 
the State’s interest; that his town and 
‘county were each out $100,000; that the 
/State in 1879 subscribed 430,000 to the 
“mortgage bonds, and those bonds were in 
=the treasury; that the syndicate proposed 
to pay them with interest; that in 1882 the 
road was in trouble, and 150,000 was bor- 
-rowed on $800,000 of bonds.and the personal 
“guarantee of the directors, and that in other 
‘hands there was 420,000 of bonds, and that 
‘all would Je due in April and that North 
Carolina would either have to pay $170,000 
r the road would have to go under the 
ammer; that there might be others who 
ould be willing to bid this road in if sold, 
ut they would never build one mile ot it 
or they would not want to have it built for 
‘would compete with their lines. If the 
was made to the syndicate they 
pay the State $88,000 in cash and 
$150,000 of bonds. he difference 























hyhead LS il as OTL a ey tS Ae Ae ae NS 
ee Fees Fins a 43 at 4 ¥E ‘ 


a (tae mS ae its Regular Session, 1883. y 








j 


183 


between the minority report and the major- 
ity, was that the majority proposed to keep 
the money in the Treasury, while the mi- 
nority wished to take it outof there.. That 
a commission was appointed two years ago 

to sell the road for $55,000, and that only 
one bid had been received, and that from 
Dr. Canedo; that the syndicdte were North ~ 
Carolinians and interested in having the 
road built. He hoped the bill would pass 






without amendments. ee 
Mr. Rose discussed the merits of the bill 
at length and ably defended it. me 


Mr. Holt would not lay a straw in the way 
of the gentlemen who were opposed to this 
bill, to prevent their having a road, but 
that everyone thought the road ought to~ 
be sold. That it was to the interest of 4 
everyone who was interested in thisroad at 
all to sell to this syndicate, for if it was not 
sold to them it would have to be sold under 
execution, and somé company who feared 
this road would be a competing line would : 
come in and buy it, and then that would a 


be the death knell to the Cape Fear and i 
Yadkin road. That the gentlemen of the y: 
syndicate were men of integrity of the ~7 


highest order, and that he believed what 
they said, and that when the time came 
that he could not trust such men 
he should bid farewell to his trust in 
all mankind. He was opposed to any 
amendments which they said they could 
not accept; that “when iron was laid to 
Walnut Cove the gentlemen who opposed 
this bill would then have better railroad fa- 
cilities than they now had. 

Mr. Holton said his people were inter- 
ested in this road and had looked forward 
to its completion for a long time, but it 
looked like bad faith when the representa- 
tives of the Yadkin section had done all in 
their power to help this road along, to 
now, whena part of it was graded, come 
and propose to sell the road, and in that 
sale to cut his section out. That Fayette- 
ville, {wo years ago, had acted in bad faith 
to its reditors in annulling its charter and 
getting out of paying the money which was 
subscribed for this very stock of which the 
gentleman had boasted of. That if they 
intend to build the road to Mt. Airy what 
objection could be to placing these amend- 
ments on this bill. That the people of his ; 
section had stood by every railroad enter- Hi 
prise in the State, and all they asked for ~~ 
was that this convict labor be given them 
to build this road up the Yadkin Valley. 
if the Legislature wished to leave that sec- 
tion out in the cold they could vote for this 
bill, but if they did not intend to act un- 
justly towards them, then he hoped they 
would adopt the minorityreport. That the 
road was good for every dollar it owed or 
the syndicate would not wantit. That 
under this bill it could be transferred and 
it might go to parties who would not com- 


— <<  e 


sss 
ey 








184 Proceedings of the General Assembly of North Carolir Rebr 


plete it. He hoped the bill would not pass. 

Pending the discussion of this bill hy 
Mr. Holt, on the hour of adjournment ar- 
rived, and the House adjourned. 

NIGHT SESSION. 

House met, Mr. Bailey, of Mecklenburg, 
in the chair. 

The unfinished business of the morning, 
being an act to provide for sale of the 
State’s interest in the Cape Fear and Yadkin 
Valley Railroad. 

Mr. Holt said there were three questions, 
viz: should the State sell to this syndicate ? 
abandon it to its fate? or should let it go to 
asale? Forit to go toa sale was fatal, and 
to abandon it was likewise fatal, and he 
thought that the best thing was to sell to 
the syndicate. He was willing for any 
amendment which the syndicate would ac- 
cept, but if the amendments were passed 
and the syndicate could not accept, that 
the road would have to go to asale. He 
favored the bill as it came from the Senate. 

Mr. Forbis was opposed to Mr. Overman’s 
amendment, and stated that the convicts 
were paid according to the work they did, 
which amounted to the same thing as 
if they paid for an able-bodied man’s work ; 
that many of these convicts were sick half 
of the time, and to make tbe road pay for 
them as roads did for well convicts would 
be unjust. He wished that an amendment 
could be put which would compel them to 
build to Mt. Airy, Danbury and Murphy, 
but he honestly thought it could not be 
done without preventing the syndicate from 
negotiating their bonds, and if that was 
prevented, the very object which the mi- 
nority sought to accomplish would be lost, 
for they would be so hampered that they 
could pot build any of it; that the mi- 
novity proposed to give the syndicate 
all they paid for convicts back 
to them, provided they would build these 
branch lines, which was in effect paying 
them to do just what their interest would 
force them to do. That the amendments 
of the minority would force them to do 
absolutely nothing, for if they did not de- 
cide to build to Mt. Airy they would 
have no use for convicts, and would not 
care to keep them anyway; the minority 
amendments were not worth the snap of 
his finger, as far as forcing them them to 
do anything. He hoped the bill would 

ass. 
* On motion, the further consideration of 
this bill was postponed, and made the -spe- 
cial order for to-morrow, at the expiration 
of the morning hour. 

On motion of »r. Strudwick, the Hon. 
Azariah Graves, of Caswell, was invited to 
a seat on tne floor of the House. Mr. 
Graves is the brother of Calvin Graves, 
who, as president of tue Senate in 1855, 
gave the casting vote in favor of the charter 
of the N. C. R. R. 


failed to pass its second reading. 


o’clock. 





x 









Bill to repeal chapter 141, laws 18767 , 
Tlouse adjourned. 


SENATE. 
FORTY-FOURTH DAY. 
‘ February 22. 
The Senate was called to order at 10 


‘ 
Prayer by Rey. Dr. Atkinson. ¥ 
The President of the Senate (Mr. Robin- 


son) said he felt it his duty to remark that 
a decent respect for the religious worship 
with which the ‘daily sesssions are opened 
was incumbent upon all. Such religious. 
exercises have the sanction of all His, 
ple, and have been observed by the Gen- 
eral Assembly since his connection Swith 
public affairs. He had no special com- 
plaint now to make of Senators for a want 
of respect for the religious exercises at their 
desks at the opening each;day, and what he 
said now was more particularly intended for 
parties outside of the Assembly who may 
be here on business -matters. W 

tors are always welcome to the Senate, he 
must say that unless better order is ob- 
served and more respect for the religious 
exercises shown than was the case this 
morning in this chamber, he would feel it 
his duty to request the doorkeeper to in- 
vite such persons to retire from the cham- 
ber until the opening prayer is concluded. 
He hoped it would not be necessary to refer 
to this matter again. 


e0- 


hile visi- 


MEMORIALS, PETITIONS, ETO. 
Mr. King, of Pitt, memorial of officers 


and members of Edgecombe Guard asking 
for relief for Warren Cobb. 


Mr. Poole, petition from citizens of Beau- 


fort, asking that laws of 1878 be amended 
in regard to practice of denistry. 


Mr. Lyon, from citizens of Bladen, ask- 


ing for appropriation to aid in building a 
road from Yorkville to Lumberten, Robe- 
son county. 


By the same, petition of citizens of Bla- 


den, asking a new township. 


Mr. Webb, from citizens of Burgaw, in 


Pender, asking that their prohibition law be 
not repealed. 


Ly 
Mr. King, of Pitt, resolution directing 


the public Treasurer to pay Mr. Cobb $600. 


BILLS. 
Mr: Poole, to amend the laws relating to 


the practice of dentistry. 


Mr. Dortch, to separate the Deaf and 


Dumb from the Blind Institute (by request. ) 


Mr. Dortch, making it unlawful for any 


railroad, steamboat company, &e., to give 
the Governor or any State officer, judicial 
officers or members of the Legislature, or 
delegates to political conventions free — 
passes, the act to take effect the Ist of 
June, 1883. Asked to be printed. So or- 
dered. Epis 







Mr. Webb, resolution relating totjustices 


enol 








LAS RS 


At its 


_ of the peace; resolving to go intojelection at 
12 m. Friday, March 2. 

_ Mr. Pemberton, bill to create the office 
of railroad commissioner and for other pur- 
_ poses. 

_ Mr. Neill, to prohibit sale of liquor in 
three miles of Cain Baptist church, in Yan- 
_ eey county. 

_ Mr. Webb, to amend law to raise reve- 

nue. 

' Mr. Whitford, to amend the constitution 

_ of North Carolina, section 1, article six. 

_ Mr. Caho, to incorporate the Independ- 
_ ent Order of Good Sons and Daughters of 
_ the East, by request. 

_ Mr. Webb, relative to the county treas- 
urer of the county of Cleaveland. 

Mr. Webb, to incorporate Mount Holly 
Manufacturing Company, Gaston county. 

Bill relating to roads and highways, (Mr. 
Alexander’s bill,) came up as unfinished 
business on its second reading. Applies to 
_ only such counties as may choose to adopt 
it. Passed, ayes 38, nays 31. 

Mr. McLean, by consent, petition from 
citizens of Richmond and Robeson coun- 
ties, asking appropriation for the State 
Guard. 

Mr. Watson’s road bill providing an al- 
ternative method for keeping in repair the 
public roads of Forsyth, came up as a part 
of the unfinished business of yesterday with 
Mr, Alexander’s bill. By eonsent, Cabar- 
rus and Buncombe were put in the bill, and 
also Northampton and Bertie were asked to 
be added by Mr. Mebane, but Mr. 
_ Watson feared that to accept these two 

would jeopardize the fate of his bill as he 

was informed that these two counties would 
be stricken out in the other House, and he 
wished no other counties added unless he 
was assured they would pass in the other 
House. Mr. Caho requested to insert Pam- 
lico, and gave assurance that it was desired 
by his member in the House. It was ac- 
{ cepted. Mr. McLane could not give the 
_ assurance of his amendment passing with 
_ his members, and rather than jeopardize 
the bill withdrew his counties. Biil passed 
} second reading, yeas 38, nays 0. 
4 ; THE JUSTIOES’ BILL. 
: Bill came up as special order to amend 
the constitution of the State so as to create 
_ two additional Justices of the Supreme 
_ Court and to provide for the election of the 
same. 

‘ Mr. Payne said he did not rise for the 
q purpose of discussing the bill as he did not 
think any discussion necessary. He stated 
_ the absolute necessity for such increase, 

_and said the relief was not necessary alone 
for the Supreme Court, but for the State of 
North Carolina. 

Mr. Morehead wished to know if it was 
so that they could be elected two at one 
_ time and three at, another. 


i] 








Regular Session, 1883. 


en 


Mee AT iT Lai tial Pa Rt oD OB yt PO Lied 


Mr. Black asked the time of theelection, 
to which Mr. Payne replied at the next 
general election in 1884. 

Mr. Boykin asked if the amendments 


were submitted to the people atthe same _ 


time with the election of the justices what 


would be the effect if those amendments 


were defeated. He thought it a bad prece- is 
ent. A 
Mr. Payne replied there was a precedent 


for it, it had been done before in the case 


6f delegates to a constitutional convention. 

Several Senators explained their votes. 

Vote stood—yeas 24, nays 13; so the bill 
passed its second reading. 

The Chair inquired of Mr. Dortch his 
construction of the constitution as to the 
number of votes required. 

Mr. Dortch replied that at former sessions 
on the subject it was always held that 
three-fifths of those present, provided there 
was a quorum, and not three-fifths of the 
whole number, in either house, could adopt 
an amendment to the constitution. 

The bill was put on its third reading— 
yeas 26, nays 11. The bill then passed its 
third reading. 

Mr. Dortch, (by request) bill to incor- 
porate the North Carolina Savings Bank. 

A RAILROAD BILL. 


Bill came up as special order to encour- — 


age the building of a railroad from some 
point on the Western North Carolina Rail- 
road, between the town of Salisbury, in 
Rowan county, and Newton, in the county 
of Catawba, to the Tennessee or Virginia 
line, via Taylorsville .and Wilkesboro. 
(Mr. Linney’s bill_) . al 
Mr. Linney spoke in support of his 
bill stating some amendments he should 
make, one of which was was to strike out 
Newton and put in Hickory. During his 


remarks he was calling the attention of the 
Senator from Forsyth to the almost sacred- 


ness of the soil of Alexander, and telling 
of a little green mineral discovered by a 
citizen of Iredell county, “r. Allen 


that a junebug could fly away with a 1000 


dollars worth of it, when the Senator from 
Forsyth went to the new map of North ~ 


Carolina on the wall to look for Alexander, 
and Mr. Linney said to him, ‘‘Don’t look on 


that miserable old map, it don’t even show 


we've got a spring in the county.” 

Mr. Walken said he was willing to sup- 
port the bill of the Senator from Alexander, 
so artfully and ably discussed by him, if he 
would be willing to do a little for his, Mr. 
Watson’s people. The Senator’s county of 
Alexander would just about do for thefoun- _ 
dation of one of the warehouses of his town; 


you could not build one of the Winston ware- — ‘ 


houses in Alexander without trenching 
upon the soil of Iredell. Mr. Watson said ~ 
he did not wish to prevent the building of — 
a railroad to Statesville, but he wished to 


tea 
phenson, called the Hiddenite, so valuable | 











Ree Dirac ke real) ag 


186 


offer an amendment so that if the North- 
western North Carolina Railroad Company 
desired to extend its road up to Patterson, 
it should have the right to do so, and thus 
have three roads placed in competition, and 


place *his people in competition with the, 


people of Statesville in the building of that 
road. He moved to make the bill the spe- 
cial order for to-morrow, in order to draw 
such an amendment. 

Mr. Linney replied, saying it was just the 
desire of the Senator from Forsyth to kill 
this bill. (ir. Watson’ denied this.] “rv. 
Linney continued, pressing, his bill, saying 
his county was poor; his county, ‘that he 
had spoken of as not being big enough to 
build a Winston warehouse on, was poor 
because his people had to haul their tobacco 
to these towns to be extorted from by these 
houses. Wereplied to the sneers and the 
ridicule that had been leveled at his county 
by Senators. He told Mr. Watson, who, he 
said, was an able canvasser, that, to Stokes 
county he owed his political life; that for 
Stokes county he had only asked a little 

‘spur, and they had given it to him, twenty- 


five thousand dollars to build ten 
miles, and he should admit himself 
they had done enough for him, but 


he thinks that his little town is the hub of 
the universe, and he wants to grab every- 
thing. 

Mr. Linney read the statistics of Alex- 
ander; value of farming utensils $52,694; 
stock in incorporated companies #710; 
while Forsyth’s stock is $58,220. He said 
the Senator from Forsyth should not, resort 
to ridicule; it was a weapon men of brains 
should not use. 

Mr. Watson replied, saying a word for 
the county of Forsyth; it was only half the 
size of the county of Wilkes, and yet paid 
taxes to the State on nearly four million dol- 
lars worth of property. He paid a tribute 
to Mr. Belo, to whom he said a monument 
should be erected; for when president of 
the road from Greensboro to Winston he 
returned every dollar of the special tax 
bonds ($30,000 a mile, granted the road) to 
the Treasury here, declaring that he was 
opposed to wasting the credit of the State. 
He said he was not antogonizing the Sena- 
tor’s county; the Senator did him wrong in 
‘so accusing him. 

Mr. Clarke spoke in support of Yr. Lin- 

ney’s bill, and hoped it would not be post- 
poned, put that the Senate would pass it to- 
da. 
Mr. Berry said a great deal of the Sen- 
ate’s time was consumed in the discussion 
of these bills, and he should move the pre- 
 yious question; but withdrew it for Mr. 
_ Alexander. 

Mr. Alexander explained the action of the 
committee in favoring the bill, and said he 
thought it a wise idea in arranging for one 
road to build another. The people of the 


Proceedings of the General Assembly of North Car 


Hae Seah eS oD 










section proposed to bé benefitted 
satisfied with this plan. It is 
of which the finance committee’ “have 
knowledge that will insure a rai 
through this section. t 
vite “Berry called the main question. 5 

Mr. Alexander asked the ayes and bene 

on the passage of the bill. Ordered. © 
~The Chair—Mr, Pemberton in the chai ir 
said the first question was on the adoption 

of the atnendments of the Senator from Al- 

exander. The amendments were adopted. 

The question was then on the passage of © 
the bill upon its third reading. 

Mr. Watson explained his vote, sa jing the ' 
bill was introduced during his sickness and — 
he had never had the time for formulating | 
an amendment ‘to it. He said that it had 
cut off Winston and all his county. The | 
Senate had cut him off from time to offer 
‘his amendment; they had shut him-off with — 
the previous question, and of course all h» : 
could do now if he had any manhood left 
was to stand here and vote no. . 

The vote stood, yeas 27, nays 12, so the 4 
bill passed its third reading. 

vir. Clarke moved to reconsider the wove \ 
by which this bill passed, and to lay that 
motion on the table. 

The motion did not prevail Mr. Clarke ~ 
withdrew his motion. | 

Bil! came up as special order, to change — 
the mode of electing school committeemen, — 

Mr. Lovill argued that the bill was notun- 
constitutional, “and he thought the passage 
of the bill would make the school system 
more efficient. 

Mr. Black opposed the bill; it would be 
extremely unwise to pass it. 

vir. Periberton hoped the bill would pass, 
it was clearly constitutional and dire ely i in” 
the interest of the people. 

Mr. Loftin said that one little man in the © 
town of Kinston could sign ‘his name and © 
send here with more influence thao his — 
voice representing three thousand voters. — 
ie was fora free election before the people ~ 
in one ballot-box. He opposed the bill. - 

vr. Hill opposed the bill. He told his — 
constituency on the campaign that he was — 
opposed to electing school committeemen. — 
He thought the bill unconstitutional. ; 

Mr. McLean opvosed the bill. He thought — 
the -title of the bill should be changed to 
that of a bill to do away with the present 
system of county government. 

Mr. Watson said it was the duty of De-~ 
mocrats to vote for this bill. He said he 
was appealed to by his people to diveree © 


—_—- = Se a ee 




















| 


the school law from county governmant 

Mr. Caho favored the bill. 

“r. Gray opposed it. 

The previous question was called and 
put, Mr. Purnell in the chait, The call wa 
sustained. 

Mr. Strayhorn got thewyas and nov 
the passage of the bill. ‘The vote 


ak yee Ye dug hs 








Pi Nie TAS rie 


. why AP AL! 2 Re 





































yes 15, noes 20, so the bill failed to pass 
ird reading. 

_ Mr. Farmer called up the bill fora graded 
_ school in the town of Wilson. Passed third 
' reading—ayes 37, noes 2. 

‘ vir. Poole called up the bill empowering 
counties, cities, townships and towns to 
subscribe to the capital stock of the Albe- 
_ marie and Raleigh Railroad Company. 

_ Mr. Pinnix arose to a question of per- 
' sonal privle 
_ News anp Osszrver that Senator Payne, 
' in discussing the railroad commission bills, 
_ is reported as saying, (and he is reported 


_ injustice to the people of the State to pro- 
_ vide for the regulation of freight and pas- 
' sengerfare, when with one or two excep- 
_ tions,/it was admitted by every Senator on 
this fi 
_ minority bill was absolutely unconstitu- 
_ tional!’ My excellent friend is mistaken as 
_ to the number of Senators entertaining this 
_ opinion. The Senator from Wayne, Mr. 
Dortch, a friend of the majority bill; the 
_ Senator from Sampson, Mr. Boykin, the 
» author of that bill; the Senator from Guil- 
_ ford, Mr. Morehead; and from Forsythe, 
_ Myr. Watson; from Rockingham, Mr. Scott; 
_ from Henderson, wir. Jones; from Cleave- 


land, vir. Webb; from Craven, Mr. 
Clarke; from Orange, wi Stray- 
Shorn, all join mevyin the opinion 


. that the Legislature has the constitutional 
_ Tight to do all set forth in the minority bill. 
_ While the Senator from Wake, Yr. Purnell ; 
from Robeson, Mr. McLean; from Chat- 
ham, 
_ contrary opinion. 

_ ‘Thus it will be seen that Ihave niné able 
_ and distinguished lawyers on my side, while 
_ he has only three—three to one. 

_ I desire to make this statement, so that it 
may not go out to the public uncontra- 
dicted, that nine lawyers besides myself 
_ believed the minority bill to be unconstitu- 
‘tional, while eight of them voted for and 
_ advocated the passage of said bill. 

' Adjourned. 


_ HOUSE OF REPRESENTATIVES. 
_~ House called to order by Speaker Rose at 
— 10 o’clock. ; 
/ Prayer by Rev. Dr. Atkinson. 
prays PETITIONS. 
_ were introduced as follows: 
_ ™r. Tate, from citizens of Burke county 
_ against prohibition at Zion church. 
/ Mr. Sherrill, concerning the corporation 
of Conover.- 
_ 7. Barrett, relative to the sale of liquor 
near Black Jack chureh! 
_ “r. Reynolds, relative to the appoint- 
ment of Kh. P. Price as justice of the peace. 
BILLS | 
ntroduced, passed their first reading 
e referred as follows : 


a. 





ge, and said: ‘‘I see from the’ 


1 correctly): ‘It would be doing a very great. 


oor that what was proposed by tue . 


r. Womack; join my friend in the ! 


PER ne SUT | iP aia i led gy Rk rer u vA R 


At its Regular Session, 1883. 














Mr. Waddell, relative to the use of nets, — 
acs in fishing in New Hanover county. — 
ish. : 

To prohibit the taking of oysters ina 
certain locality. Fish. fi 
Mr. Bailey, of Wilson, to repeal chapter 

73, laws of 1876-77. Fish. 


ry 


vr. Stanford, to: protect stockholders of — ; 


corporations. Internal improvements. 


Mx. Gudger, relative to the sale of liquors _ 


in certain localities. Propositions and griey- 
ances. 

Mr. Tate, to prohibit the sale 
Rutherford ‘| ollege. 
grievances. 

Mr. Wilcox, to promote the efficiency of 
the N. C. Board of Health. Propositions 
and grievances. 

wr. Bledsoe, to incorporate the Raleigh 
Water Works Company. Corporations. 

vir. Page,,to incorporate the town of 
Pollocksville, in Jones county. Corpora- 
tions. 

Mr. Phillips, fo extend the time for the 
organization of the Danbury Iron and Steel 
“anufacturing Company. Corporations. 

Mr. Tate, te aid the North Carolina In- 
dustrial Association. Finance. 

Mr. Bailey, of Mecklenburg, to prescribe 
the manner of settling appeals in criminal: 
eases. Judiciary. 

Myr. Harris, of Wake, to prevent the un- 
due and excessive punishment of certain 
trifling offences. Judiciary. 

‘ir. Sherrill, to amend section 4, chapter 
15, private laws of 1881. Calendar. 

Mr. Nixon, to repeal chapter 232, laws of 
1879. Calendar. 

To repeal chapter 234, laws of 1881. Cal- 
endar. 

Mr. Stanford, for the relief of the sureties 
of John A. McArthur, late Treasurer of 
Duplin county. Calendar. 

Mr. Strudwick, to amend the Durham 
Graded School law. Calendar. 

Mr. Poe, relative to the use of ‘‘stickers” 
and other bogus tickets in elections. Cal- 


of liquor at 
Propositions and 


| endar. 


' CALENDAR 
was then taken up and disposed of as fol- 
lows: 
THE SPECIAL ORDER, 
the. unfinished business of yesterday 
and last night, being an act to provide 


| for the sale of the State’s interest, in the 


Cape Fear and Yadkin Valley Railroad. 

wr, Page moved to adjourn at 12 o’clock 
to 71-2 o’clock, in memory of Washington’s 
birthday. 

The chair ruled the motion out of order. 

The bill was then considered. 

vr. Tate said the stock in this road was 
worth $2502 share, and that the reason 
that $10 was offered was for the. consider- 
ation of advantages received in the bill, and 
that this consideration would make a con- 
tract. He had no objecpion to fixing a time 

; e 


- 


. 


if 
’ 


ks Ne 


188 


for which-convicts should be furnished, 
but he thought that ought to be under the 
control of future legislation, and he moved 
to amend so as to subject it to the control of 
future legislation. 

Mr. Phillips dan a time ought to be 
fixed, but his amendment would be amply 
sufficient, and he would like for this Legis- 
lature to say if they were willing for them 
to have convicts above Walnut Cove or 
not. 

Mr. Rose had yesterday objected to the 
amendment of the minority report, but said 
the gentleman from Stokes (Mr. Phillips) 
would offer an amendment modifying his 
minority report, which would be acceptable 
to all parties. 

Mr. Phillips then sent forward his 
amendment to the minority report. 

Mr. Bower offered a substitute providing 
that one-half of the convicts should be 
kept at work on the Mt. Airy line and Yad- 
kin Valley line, each, after June 1, 1885. 

Mr. Bower said that after the road was 
built to the South Carolina line, which 
would be about 1885, that then the Mt. 
Airy line ought to be built; that it cost 
$20,000 a mile to build roads in North Car- 
olina. and that this road had cost $1,400,- 
000; that now to sell it for $88,000 would 
be a good trade. They ought to have a 
good trade, but he wanted something to 
compel them to build ,up the Yadkin val- 
ley. 

Wir. Rose said that he was opposed 


to Mr. Bower’s amendment; that this 
road, according to Mr. ,Bain’s cer- 
tificate, had only cost the State 


$185,000. He would admit that the differ- 
ence between ‘$185,000 and $1,400,000 was 
a small matter. 

Mr. Bower asked if the State had not at 
two different times given this road $600,000; 
$400,000 at one! time and $200,000 at 
another. ibd 

Mr. Rose. Yes, but had compromised part 
of the debt at forty cents and the rest at 
twenty-five cents on ‘the dollar. That part 
of the track.was now graded and needed 
repairing, and that it would be unjust to 
prevent them from doing this. He hoped 
the bill would pass with the amendments 
which had been accepted. 

Mr. Robins :thought that it was neces- 
sary to enable the syndicate to build the 
road to Mt. Airy and to allow them to float 
their bonds, and that the amendment of 
Mr. Bower would prevent that; that his 
friend struck at this bill like a “blind 
adder;” first, it was a bad con- 
tract, and then it would not do, because 
it did not specially provide for the branch 
in which he was specially intrrested. He 
favored the bill. 

Mr. Bo-ver only wanted some provision 
made to force the Patterson branch to be 
burlt. That $25,000 of the bonds were 


Proceedings of the General Assembly of North Carolina, 






iven to build the road to some mills 
tandolph county, and $25,000 to build to 
Danbury, and only $20,000 to build to Mt. y 
a a distance of 80 miles. . 
r. King spoke in favor of the bill, and — 
thought that the Patterson branch would be — 
built, that it would not do to bind them — 
down too tight as tothe convicts, as the 
Western North Carolina railroad had the — 
right to demand her 500 convicts from the 
State, and that if this was done then this 
road would be hampered by such a provis- 
ion. 

Mr. Powers, of Cumberland, thought that 
all differences had been settled, and that the 
bill would pass without opposition, but 
was sorry to see the opposition of the gen- 
tleman from Caldwell. The road had to be 
sold or it would be lost to the State; it 
had virtually been on sale for the last two 
years and could not be sold, He thought 
it a good trade, and hoped the bill would 
pass. , 

Mr. Bower’s amendment was voted down 
by 63 to 48. 

Mr. Hayes, of Robeson, then discussed — 
the bill, showing the interest which his 
county had in the bill, and said as the bill 
came from the Senate it did not require the 
road to go to Shoe Heel. With that pro- 
vision he would support it. 

The minority report, as amended, was 
adopted. 
The bill was further discussed by Mr. 
Lenoir and others. . 

Mr. King called the previous question, © 
the call was sustained, and it was so — 
ordered. 

Mr. Tate’s amendment wus adopted. i 

The bill then passed its third reading by — 
the following vote: : 

Yuss—Messrs. Abbott, Anderson, Bailey, 
of Mecklenburg, Bailey, of Wilson, Bar-— 
rett, Baum, Beall, Belcher, Bennett, Bled- 
soe, Bradley, Bullock, Bunn, Byrd, Cain, - 
Candler, Crouse, Cowell, Forbis, Fulton, 
Gatling, Glenn, Green of Franklin, Green ~ 
of New Hanover, Gudger, Hamilton, — 
Hardy, Harris of Davidson, Harris of © 
Wake, Hayes of Robeson, Hayes of Swain, — 
Henderson, Holt, Houston, Jenkins, John- 
son of Craven, Johnson of Johnston, King, 
Lawrence, Leazar,' Lenoir, Liles, McAllis- ~ 
ter; McCotter, McCurry, McLoud, Marsh, ~ 
Matheson, Mathis, “:yers, Newby, Over-— 
man, Page, Patrick) Peebles, Person, Phils 
lips, Posey, Powers of Cleveland, Power- — 
of Cumberland, Proctor, Ray, Reid of Gas-— 
ton, Reynolds, Riggs, Sandifer, Sherrill, — 
Simmons, Smith, Stanford, Stewart, ~ 
Stokes, Stringfield, Strudwick, Tate, ~ 
Thompson, Tomlin, Turner, Walker, Wil — 
liams of Granville, Williams of Sampson, — 
Robins, Williamson, Wilson,—84. f 

Nays—Messrs. Baker, Bower, Bridgers, 
Bryan, Covington, Cheek, Dixon, Eaton, 
Frayser, Grissett, Hewlin, Holton, Leary 

















+ et ee 





































chell, “ontgomery, Newell, Nixon, 
man, Poe, Pruitt, Reade of Person, 
1, Sutton, Temple, Waddell, Wilcox, 

N ngton—27. 

Mr. Holt arose to a question of personul 
privilege on a statement in the ‘‘Farmer 
ind Mechanic,” relative to his being clos- 
eted with Gov. Jarvis and others,in connec- 
tion with the railroad commission bill; and 
said that he recognized the right of no man 
inquire into his private business, but 
t his acts, both public and private, were 
pen to every one; that the statement con- 
tained in said paper was false; that he was 
there after the House adjourned, but not a 
word was said about railroads, and that the 
greater portion of the party left in less than 
five minutes after he entered the room; that 
it was well known that Capt. Shotwell was 
im a controversy with Governor Jarvis, but 
that he (Holt) had nothing to do with that, 
they must fight it out between them. Capt. 
Shotwell was a personal friend of his, and 
‘he did not think he would do him an inten- 
tional wrong; there was no truth in the 
paragraph. 
3 SPEOIAL ORDER. 

' To incorporate the town of Caswell, in 
Pender county. Passed its second reading. 
OALENDAR (resumed. ) 

To incorporate the Bank of Salisbury. 
Passed its third reading. 
To provide for local assessments in aid 
‘of public schools. Pending the considera- 
fion of this bill the House adjourned. 
‘a NIGHT SESSION. 
' House met at 7 1-2 o’clock, Mr. Speaker 
‘Rose in the chair. 
f CALENDAR. 
_ Unfinished business of to day : 

An act to extend aid to schools by local 
assessments. Passed its second reading. 
~ SPECIAL ORDER 
for this hour was then taken up, it being an 
vact to amend title 12, of the Code of Civil 
Procedure. Informally passed over. 


CALENDAR (resumed.) 


_ An act supplemental to an act to incor- 

porate Newton cotton mills. Passed its 

third reading. ° 

| Mr. Forbis moved to reconsider the vote 

by which the bill relative to the estates of 

deceased persons failed ‘to pass its second 

Badin. 

Mr. Robins moved to table, which was 
rried. 

' To enable the commissioners of Vance 

unty to build a court house, ete. Second 

ing. : 

0 establish a graded school in the town 

Monroe. Third reading. 

establish graded sch ols in Goldsboro 

nship. Third reading. 

( end chapter 8; laws of 1880. Third 

- 


mn end 


a part of chapter 232, laws o, | 





At its Regular Session; 1883. 





189 


1879, relating to churches in Hyde county. 
Third reading. 

To authorize the publishing of a geogra- 
phy for North Carolina. 

Pending tne consideration of this bill the 
chair announced the 

SPECIAL ORDER, 
to make appropriations for the Insane 
Asylums, (appropriating $58,000 for the © 
asylum at Raleigh, $40,000 for the one at 
Morganton, and $20,000 for the one at 
Goldsboro.) 

Mr. Overman moved to amend by striking 
out the $35,000 for the completion of the 
asylum at Vorganton. 

Mr. Robins spoke to the amendment, and 
referred to the item of whisky on the gen- 
eral bill of expense, bought from Peseud, 
Lee & Co. He wished to know’ who was 
the company. 

Mr. Page—Will the gentleman move a 
committee of investigation be appointed? 

Mr. Robins—I would if I thought they 
would not go there and confine their inves- 
tigations to whisky, &c., bought of Pescud, 
Lee & Co? 

Mr. Wilcox asked if he meant any re- 


* flection upon the officers of the institution. 


Mr. Robins—No, sir, nor upon, any gen- 
tleman of the committee, but all I want is 
the lights turned on. I want to know who 
is Pescud, Lee & Co 2 

Mr. Bennett—I am informed that Dr. 
Grissom is the company in the firm of Pes- 
cud, Lee & Co. 

After a discussion, participated in by 
Messrs. McLoud and others, the amend- 
ment of Mr. Overman was lost. 

The House adjourned. 


SENATE. 
FORTY-FIFTH DAY. ‘ 
Fripay, February 23, 1883. 

The Senate was called to order at 10 
o’clock, Mr. Boykin presiding. 

Prayer by Rev. Yr. Gwaltney. 

PETITIONS. 

Mr. Webb, of citizens of Cleveland 
county, asking that prohibition be not 
granted in two and a half miles of Patter- 
son Spring church. 

Mr. Evans, of farmers of Caswell for a 
stock law. k 

vir. Alexander, resolution in favor of 
Alfred Williams & { o. 

BILLS. 

Mr. Ramsay, forbidding 
where prohibition prevails. 

Mr. Neill, to prohibit liquor In three miles 
of Bald Creek Methodist church, in Yancey 
county. 

*r, Richardson, to amend the stock law 
in Battle’s Revisal. 

Mr. Pemberton (by consent) called up 
the bill to authorize the commissioners of 
Cabarrus to levy a special tax. Passed its 
second reading—yeas 37, nays 0. 


local option 





190 


Mr. Black, by consent, c:lled up bill to 
authorize the sale of the poor house and 
lands in Randolph county, and it passed 
third reading. 

Mr. Farmer had bill for graded school at 
Wilson put on its third reading. © Passed— 
yeas 34, nays 0. 

Mr. Walton, bill to amend the charter of 
the Granville Railroad Company, was called 
up, and passed its third reading. 

Mr. Dortch said he was directed by the 
committee on the Code to introduce a bill 
and have it put on its several readings itn- 
mediately; that the report of the code com- 
mittee would be offered to-morrow. The 
bill was offered and read. It is a supple- 
ment to the Code providing for its publica- 
tion, distribution, &c.; provides for two 
volumes, and if necessary may be stereo 
typed and published in the State or out of 
itas the commissioners may choose, but 
giving preference to the State; that the 
Jode will include only such parts of the 
revenue act as the commissioners may see 
fit to take in, that there shall be published of 
the Code not exceeding ten thousand copies 
of each volume, and provides for free dis- 
tribution to the government and State of- 
ficers, all the judges and solicitors, and 
county officers, including registrars, magis- 
trates and sheriffs, all the members and 
clerks of the Legislature. Bill passed third 
reading. . ; 

Mr. Ditka: called up the bill to amend 
‘the charter of the town of Salisbury. Passed 
second reading—ayes 38, noes 0. 

Mr. Richardson called up the bill to 
amend the law in Battle’s Revisal so as to 

ive the register of deeds time—making it 

ecember instead of September—to post 
- the county accounts. Passed third reading. 

Mr. Linney, bill to prevent negligence 
about railroad cars, and to prevent persons 
from injuries of the same. 


Mr. Berry’s bill for a graded school at Le- 
noir, in Caldwell county passed its second 
reading, ayes 36, nays 31. 

Mr. Webb asked a suspension of the rules, 
and the bill to amend the act to incorporate 
Spring Shoals manufacturing company, 
passed its third reading. 


Mr. Morehead asked that the bill to 
amend the charter of the city of Greensboro 
be placed on its reading. Passed its third 
reading. 

On motion of Mr. Dortch, the calend 
was placed at the disposal of the President 
of the Senate, for the rest of the session. 

Bill to incorporate the Hoffman and TroY 
railroad company, passed its third read- 

ing. 

Si to establish a standard weight of a 
barrel of pork—with amendment adopted, 
making the standard weight two hundred 
pounds—passed its third reading. 

Substitute from the committee to the bill, 


Proce-dings of the General Assembly of North Carolina, Sr ae 









preventing the running at large of li 
stock in certain parts of Craven county. 
Mr. Clarke spoke in favor of postponing, — 
and read a letter from Enoch Wadsworthe 3 
saying there would be a petition sent in a 
few days of influential names against it. 

Mr. Whitford pressed action at once on 
the substitute, and said the people of 
‘ raven demanded it. 

» r. Dortch called the previous question. 

Mr. Clarke asked the yeas and nays on 
adopting the substitute. Ordered. Vote 
stood—yeas 22, nays 11. Substitute passed 
second reading. 

Mr. Mebane asked, on the above vote, — 
whether in the levy ef tax there wastax — 
on the poll. 

Mr. Whitford replied that there was no 
poll-tax. 

“ry, Mebane said he would vote yea. 

[Mr. Mebane is the colored Senator from 
Bertie. ] 

»r. Clarke then amended to submit the 
law to the vote of the people, and asked 
the yeas and nays. Ordered. 

Mr. Dortch said this being a property as- 
sessment only, he could not see the pro- 
priety in submitting it to a general vote. | 

Mr. Clirke raised the question that under 
the constitution, as a tax was levied, the 
bill could noé pass three readings the same 
day. 

The chair (Mr. Boykin) held that the bill 
provided for an assessment, and notatax, 
and therefore did not require the ayesand — 
noes. : 

Mr. Dortch stated that he agreed with the 
chair. 

The vote stood: Ayes 10, noes 28, so the 
amendment was lost, and the substitute 
passed third reading. “J 

Mr. Evans called up the bill to protect the 
farmers of Caswell, which was put on its 
readings. 

Mr. Strayhorn offered an amendment, 
leaving it first to the qualified voters of Cas_ 
well county. He spoke to the amendment, 


Mr. Pinnix said there never was a bill 
before the Senate he would take more pleas- 
ure in voting for ; it was for the county of 
his nativity, and if the fences of Caswell 
were down there wasn’t half enough timber 
in the county to put them up—not one-fifth 
of the county was in original forest, the 
most of its timber was in second growth 
pine; the bone and sinew of that c. unty 
who haa to pay the taxes were in favor of 
thislaw. This thing has to come. In all 
old counties it has come. And why not let 
it come before all the timberis gone. He 
hoped the Senators on this floor would vote — 
down that amendment. 

Mr. Webb said he thought this matter 
fully understood, and he called the pre-— 
vious question. ; 

Mr. Strayhorn asked $for the yeas and 


y 



























































aes his amendment. Ordered. Yeas 
ays 25, so the amendment failed. 

Bill was put on its second reading— 
passed, yeas 23, nays 13. 

Mw. Morehead offered an amendment 
ch arging the tax levied in the bill to a 
‘property assessment, not to exceed ten 
cents on the hundred dollars worth of real 
estate, and that the law should go into ef- 
i fect upon the completion of the fence 
around the county. 

_Mr. Evans accepted this amendment. 
The bill then passed its third reading. 

' xr. Dotson, resolution relating to the 
"contract for lease of land alleged to have 
“been made by the board of Directors of the 
Be icatiary- 

A bill to incorporate South Wills in Cam- 
‘den county passed third reading ayes 31 
noes none. 

_ Bill to provide an alternative method for 
keeping in repair the public roads of For- 
is Reyth county. 

_ Myr. “ebane’s amendment offered yes- 
-terday putting in Northampton and 
_ Bertie was accepted, also amendment from 
_ Mr. Strayhorn adding Durham and Orange; 
the counties of Pamlico, Cabarrus and 
“Buncombe were inserted yesterday. Bill 
passed third reading, ayes 36 nays none. 
‘This was Vir. Watson’s bill. 

_ Bill relating to roads and highways, Mr. 

‘ Alexander’ $ nill. 

My. Strayhorn also asked for Darham 
“and Orange to go into this bill. Accepted. 
' Mr. Jones asked that’ } enderson go in. 
Accepted. 

_ Buncombe, Granville and } adison were 
also added. 

_ Mr. Purnell added Wake. Bill passed 
third reading -yeas 37, nays 0. 

Bill to incorporate the town of Garner 
Station, in Wake county, passed third read- 
ing. 

_ Billto amend and re-enact concerning the 
charter of the Danville and New River Rail- 
toad passed second reading—yeas 36, nays 
prone. : 

Bill to repeal chapter 316, laws 1881, 
“concerning prohibition at Best Station, in 
py ayne county, passed third reading 

_ Bill to amend chapter 173, ia 1881, 
‘P assed third reading. 

_ Bill to incorporate the Acme “anufac- 
1 paring Company passed third reading. 
Billto amend lawsas to ferries ‘passed 
“Ahird reading. 
pe Bill to establish a monetary table passed 
th ird reading. 

_ Bill to give a new charter to the Roanoke 
Navigation Company. The bill was read. 
Mr. Goodwyn opposed the Will; that it 
ested too much power, more than any 
charter or corporation. 

Poole wished to amend it and have 
By commiltad to the judiciary com- 
thought it gave extraordinary 





At its Bape pn 1883 








dian cil MAMAS Wiha 





19u 


powers and didn’t wish any chance for Billy 
Mahone at readjustment with that company. 


The bill was recommitted. It had passed — qf 


Mr. ‘ ‘ 


the House. 
Bill to promote female education. 


i Pas q 


Pemberton explained that it referred to 


the Greensboro Female College. 
third reading.» 

Bill in relation to the appointment of cot- 
ton weighers for Goldsboro, passed third 
reading. 

Bill prohibiting sale of liquor 
county, passed third reading. 

( “ir. Morehead in the chair.) 

Bill to incorporate town of Princeville, 
in Edgecombe. Mr. 


Adopted. Bill passed third reading. 
Bill authorizing and directing the board 


of directors of the penitentiary to furnish — 
stone for the erection of a monument at 


Goldsboro to the Confederate dead. Mr. 
Dortch’s bill, Passed third reading. 

Bill to provide a room in the agricultural 
building for the sessions of Supreme Court, 
andalso a building for the miscellaneous 
and Supreme Court Library. Vr. Poole’s 
bill. It rernodels the western end of the 
building for the Supreme Court, and puts 
an addition for the library, the room now 
being used as a library to be used as a State 
depository for the keeping of the great seal 
and the State records. It provides for the 
sale of Camp Mangum to help ,do this, be - 
sides appropriating ten thousand a year for 
two years, etc. , 

Mr. Linney moved to strike out Camp 
Mangum wherever it appears, as we might 
need it for a penitentiary farm. 


Passed 


in two 
miles of Nabunta Friends’ church, in Wayne _ 


Gray amended leay- 
ing the act just to the vote of the people. 


Mr. Watson considered the bill a most 


important one, and was in favor of it, but 
should be more fully — 


he thought the cost 





Ss 
oe 


Se ora ae 


pr escribed. Weshould know exactly what 
would do forthe building,and not have other 


legislatu es to come here and help finish it. 
He thought twenty thousand dollars enough. 


Mr. Poole spoke to his bill, saying he did 
not see how the amount of costs could be 
He ex- 
plained the necessity for such building at — 


limited any more than in this bill. 
once. 


dollars might be spent under this bill—there 
was no limit to the convict labor—no limit 
to the material. 
bill and have it printed. 


“ir. Poole said the effect of that would — a 


mean to kill the bill; he hoped the gentle- 
man would offer any amendments he 


wished, and they would discuss them, but — 


protested against recommitting. « 
Mr. Watson wanted to pass some such 
bill, and hoped it would be postponed till 


to-morrow, that better guards might be 


placed around it. 





itr. Linney believed a hundred thousand — f 


He moved torecommit the _ 


eRe han sta UAE Ae } Wy 
BR et fy RS a i ap hia Sa 
Dein! le ahi AS TIE Seo Ree CY te A ARE 








102 


| Mr. Linney sent up amendments to strike 
out section 5, 
Mr. Purnell hoped the bill would be post- 
poned and critically examined; the draw- 
ings and specifications could be found in 
the >flice of the Commissioner of Agricul- 
ture. He believed the Supreme Court room 
and libraries ought to be relieved of their 
crowded condition, but was asmuch opposed 
to extravagance as anybody on the floor. 
He had consented to a report of the bill 
without binding himself to it in any way. 

Mr. Scott said he thought the sale of 
Camp Yangum should be stricken out, and 
that there should be a limit fixed to the 
amount to be appropriated for extending 
the building ; relief is needed; it is too late 
now to recommit and print the bill; post- 
pone it till t. -morrow and Senators can by 
that time mature their amendments so as to 
strike out ‘‘sale of, Camp Mangum,” and 
fix the amount to be expended on the 
structure. 

Bill to incorporate the town of Third 
Creek, in Rowan, passed third reading— 
yeas 31, nays 1. 

Bill to incorporate the Asheville & Burns- 

' ville Railroad Co. passed third reading 

Bill to prevent felling of trees, etc., in 
Beaver Dam Creek, in Cleveland county, 
passed third reading. 

Bill to incorporate “arvin, in Anson 
county, passed third reading. 

Bill to incorporate Vt. Holly MV anufac- 
turing Company, in Gaston county, passed 
third reading. 

Bill to amend chapter 25, laws 1889, ex- 
tending time for levying special tax in 
Beaufort county, passed third reading. 

Bill to amend law 30, to provide that 
where contract is made in the justice’s of 
the peace own county, he can issue pro- 
cess in another, passed third reading. 

Mr. Caho, bill to repeal chapter 79, laws 
of 1868-69, and chapter 150, laws of 1881, 
relative to the swamp lands belongingeto 
the State Literary Poard. . 

Mr. Alexander, bill relating to construc- 
tion of dims across rivers that divide coun- 
ties. 

Resolution relating to appointing magis- 
trates next Friday was adopted. 

_ Adjourned. 


_ HOUSE OF REPRESENTATIVES. 
. Fripay, February 23, 1883. 
House met at 10 a. m., Mr. Speaker Rose 
in the chair. 
P.ayer by Rev. Mr. Rose. 
The reading of yesterday’s journal was 
_ dispensed with. 









\ PETITIONS. 
_ From citizens of Bertie county, asking 
. that the sale of liquor be not allowed at 
_ Perry’s X Roads, in said county. 

- -From citizens of Dallas township, Gaston 
county, against a change of the stock law. 





SSS SS SS SS SSS SS = SSS SSS 


tendent of the insane asylum at Rale 


vi 2@ s a . Pit ee bel te tank aie BF eld Ai eee 








































From citizens of Carteret cou 
peal a prohibitory law. Rinnai, 

From citizens of Caswell, protes 
against the passage of a stock law. wi 

From citizens of Edgecombe, asking the — 
repeal of tax on wi iskey. 

From citizens of Brinkleyville, Halifax ~ 
county, asking the appointment of magis- 
trates. 

From citizens of town of Windsor, pray- 
ing the extension of the corporate limits of © 
said town. eich i 

Memorial from citizens of Charlotte, — 
against taking away the election of Mayor ~ 
from the people. 7 } 

From’'citizens of East Lake, Vare county, 
asking the repeal of the prohibitory liquor 
law. * 

From board of commissioners of Dare 
county, asking for the Pasgiye of a bill to 
authorize them to call an election in the 
several townships upon the question of 
fence or no fence. 

From same, to levy tax for the support of 
the poor. 

INTRODUCTION OF BILLS. 

By Mr. Dixon, to establish a graded — 
school for Hookerton township, Greene — 
county. 

Mr. Bailey, to amend chapter 234, laws of 
1881, and to re-enact chapter 81, private 
laws of 1873-74. 

Mr, Speller, to extend corporate limits of 
Windsor, in Bertie county. 

Mv. Bridges, of Edgecombe, to prevent 
the mortgaging of household and kitchen 
furniture. : 

Mr. Glenn, of Rockingham, to empower » 
the commissioners of said county to levy a 
special tax. 

Mr. Beall, act to protect partridges and 
wild turkeys in Warren county. 

Mr. Johnson, of Johnston, to amend sec- 
tion 1, chapter 85, laws of 1881. 

Mr. Eaton, to pay “rs. EH. Jenkins for 
teaching a free public school in Granville 
county. . 

Mr. Williams,of Granville, toamendsec- — 
tion 52, laws of 1881. i 

Mr. Speller, resolution in relation to — 
county government. of 

UNFINISHED BUSINESS. 


To-make appropriations for the support 
of the various insane asylums in the State.” 
[Gives $50,000 for the a®ylum &t Raleigh, 
$40,000 for the one at vorganton, $25, 4 
for the Goldsboro asylum; and appropri- 
ates #35,000 each year for the next two ~ 
years for the completion of the unfinished 
wings of the Yorganton asylum ] , 

Mr. Glenn moved to amend section1 of 
the bill by striking, out $58,000 and insert- ~ 


ing $50,000. In support of his amendment — 
Mr. Glenn read the report of the Superin- | 


and pointed out certain items in- 
sil 


this rep 
aS 











































at he thought it would be wise and good 
economy to dispense with. 
_ Mr. Robins, from all the information he 
could obtain, thought the appropriations 
were extravagant, but would yote for a 
‘reasonable amount. 
_ Mr. Williamson said no one on this floor 
' woulddo morefor this unfortunate class of 
_ persons than himself, but there are some 
_ provisions in this bill that he considered ex- 
 travagant, and he would therefore be con— 
strained to vote no. 
Messrs. Powers of Cumberland, Stanford, 
| and Powers of Cleaveland, all advocated 
’ the bill, and assumed in substance the same 
_ position, it being asserted in the course of 
 theirargument that this is the lowest ap- 
| propriation for any asylum in the United 
States. 
- The amendment failed to pass by a vote 
» of 35 to 75. 
' Yhe bill, as reported by the committee, 
_ passed its third reading. 
_ ‘The special order, for the support of the 
' State Guard, was then taken up. 
This caused a wide range of discussion. 
' Conflicting amendments were offered and 
_ adopted, giving rise to considerable disor- 
der and consuming a great deal of time. 
' Upon motion the bill was tabled on its 
second reading. 

The second special order was then called, 
' being the bill to aid the North Carolina 
Tobacco Exposition—appropriates $2,500. 
' Mr. Strudwick, of Durham, said: We 
have it told in ancient fable, that the wag- 
-goner, when he called upon Hercules to 
' extricate him from the mire, was sternly 
bidden by the son of Alcmena to put his 
own shoulder to the wheel. This we have 
' done; we have subscribed $7,000, now we 
- call upon you to aid us with $2,500 more. 
Shall North Carolina, who, to this strug- 
gling industry should be afostering mother, 
' turn a more indifferent ear to her children’s 
ery forhelp, than the godlike hero to the 
prayer of his pagan worshipper? Continué 
' ing he gave many items of interest in con- 
' nection with the cultivation of tobacco in 
North Carolina. We make forty or fifty 
‘million pounds of tobacco in North Caro- 
lina superior to any grown in the world. 
' Prof. Velcher, Agricultural Chemist of the 
' Royal Society of England, gave it as his 
_ opinion that the tobacco grown in Gran— 
| ville county, N. C., was the finest that the 
world produced. Instances of good that 
had resulted from North Carolina’s displays 
of tobacco at Atlanta and elsewhere, were 
_ €ntioned with pride by the speaker. In- 
jury had been done us by parties buying 
- our tobacco and shipping it to the markets 
of the world marked Virginia tobacco. 
bill would prevent any such occur- 
ces in the future. North Carolina should 
ise a fostering care of this her great 

Bathe Beeston would be a 


At its Regular Session, 1888. 





193 


wise one on the part of this Assembly. 
None could be for a more laudable enter- 
prise. It was not asked for the benefit of 
any one town, but for the sole benefit of 
the farmers of NorthCarolina. It was time 


the State was aroused upon this great sub- 


ject. 


floor in support of this bill, but had made 
only afew remarks when the hour of ad- 
journment was announced. 

NIGHT SESSION. 

Substitute for bill for sale of State’s in- 
terest in W.N. C. R. R. passed; ayes 93, 
nays 9. 
Holton, Leary, Mitchell, Phillips; Waddell 
and Walker voting no. \ 

Bill to extend aid to Durham Tobacco Ex- 
position and bill to encourage agriculture 
were both tabled. 

Bill amending law in regard to the De- 
partment of Agriculture, caused a long dis- 
cussion, many amendments being offered, 
and was referred to the committee, to re- 
port Monday. 

Bills to amend charter of Newbern; to 


_prohibit Dutch nets in Carteret; to amend 


charter of Oxford.and Henderson R. R., and 
act concerning the code, passed third read- 
ing. 


SENATE. 
FORTY-SIXTH DAY. 
February 24. 

The Senate was called to order at 10 
o’clock. 

Prayer by Rey. Dr. Marshall 

Journal reading dispensed with. 

PETITIONS. f 

Mr. Carter, citizens of Warren asking to 
appoint bonded weighers in tobacco ware- 
houses. 

Mr. Caho, citizens of Hyde against pro- 
hibition. 

Mr. Womack citizens of Alamance for 
prohibition in 2 miles of Oakdale Acade- 
my. 

Mir. Womack citizens of Chatham asking 
prohibition in three miles of New Elam 
church. 

Mr. Strayhorn, citizens of Durham pray- 
ing that bill to appoint tobacco weighers 
do not pass. [Mr. Strayhorn said that the 
News AND Ogsrervrr had the county of 
Durham nor excepted from this bill, when 
itjwas excepted by his amendment.] [The 
reporter so reported it at the time. The ty- 
pographical error was noted the next day.] 

BILLS. 

Mr. Battle, bill to establish Roanoke 
township, Halifax county. 

Mr. Dortch for the encouragement and 
support of the State Guard. 

vr. Watson, for the drainage of the lands 
of Middle Fork and Muddy creeks in For- 
syth. 


pe) a ee ae Mi Ete 1 gt ea 





Mr. Williams, of Granville, took the 


Messrs. Bryan, Covington, Cheek, © 


194 


Mr. Olarke, to prevent the felling of tim- 
ber in rivers, creeks and canals of Craven. 

Mr. Ramsay, to prevent accidents on rail- 
roads. 


Mr. Costner, to enforce the better drain — 


age of certain lands in Lincoln county. 
STATE BOARD OF HEALTH. 

Mr. Battle's bill to promote the efficiency 
of the North Carolina Board ot Health, 
came up as special order. 

My. Linney said, as we were drawing 
near the end of the session, and time was 
worth more than gold, he moved to indefi- 
nitely postpone. 

Vr. Battle said that circumstances over 
which he had no control, and the courtesy 
of the Senate in passing it over during his 
absence, had delayed the bill until this late 
hour. He spoke; the necessity for ‘the 
bill, and the importance of passing it, say- 
ing that public health was public wealth, 
and to care for the healthof the people, and 
study the influx and efflux of human life 
was a duty that devolved on us all. “r. 
Battle read his remarks, and then, in sup- 
port of them, told what other States had 
done; the appropriations made; and read 
from the Governor’s message what he had 
said on the subject. 

Mr. Dotson said he opposed the bill, be- 
cause the farmers had to pay for every 
analysis made of the waters. It was right 
they should pay for analysing fertilizers, 
but not for water. 

Vr. Womack opposed the bill, because of 
two much power given the county superin- 
tendent of health, confining the abating of 
& nuisance to a one-man power. In reply- 
ing to the Senator from Iredell, he said he 
couldn’t see for his life how the farmers 
paid the fertilizing tax; that this tax was 
paid by the manufacturers of the fertilizers. 
He saw no objection in that to this bill, but 
there were other objections to it, which he 
gave in brief. 

Mr. Alexander said that this tax did not 
come out of the farmers, but out of the 
manufacturers or agents of the fertilizers; it 
could not be so construed as to come out 
of the farmers. He cited a few of his ob- 
jections to this bill. For instance, that the 
county superintendent of health had caused 
much dissatisfaction in his county ; so much 
that the county commissioners had _peti- 
tioned to repeal it, and there was now a bill 
to that effect in the other House. He went 
through the bill and showed the amount of 
money that could be drawn under it—only 
if they would. 

Mr. Ramsay said he exceedingly regretted 
that he could not speak as he desired in 
consequence of hoarseness. The bill was 
not perfect, but he would offer some amend- 
ments before taking his seat. It had been 
introduced at the instance of some of the 
most prominent physicians of the State, and 
was for the good of the people. He then 


Proceedings of the General Assembly of North Carolir 








Soe age 
Ta ft a 







Bhar hace 
entered at length into the history, purpose’ 
and expenses of boards of health’ and con-— 
cluded by stating that the bill appropriated 
only afraction more than South Carolina 
now appropriates; half of that by Tennes- 
see; one-fifth of that by New Voth) and | 
only a tenth of that by Massachusetts. 

Mr. Battle accepted the amendments. 

r. Scott, of Rockingham, said the trou- 
ble with departments was that whenever 
they got a chance they bit off more than 
they could chew. He would like to see a 
good board of health; thought the last 
Pharmaceutical bill 2 humbug. The pres- 
ent bill might apply to cities and towns in — 
an epidemic, but as a general law it was not 
good. He called the previous question. 

Mr. Dotson asked the ayes and noes on 
the passage of the bill on the second read- 
ing. Ordered. Yvas 7, nays 23. The bill 
failed to pass. 

The Code passed second reading—ayes 
26, noes 10. 

On motion of Wr. Dortch it was made the’ 
special order for next Monday at 10:80. 

The chair here stated he had received a 
telegram informing him of the illness of 
the Senator from New Hanover. 

THE GOVERNOR’S MANSION. 

Mr. Watson, bill supplemental to an act 
entitled ‘‘An act to provide for the erec- 
tion of a residence for the Governor. It 
provides that the building shall not com- 
mence till the 1st of arch, 1885. 

ur. Strayhorn asked that the bill be put — 
at once on its readings. ‘ | 

Mr. Poole moved the bil) be referred to — 
the committee on public buildings and — 
grounds. 

Mr. Watson said that disposition would — 
seal the fate of the bill now for special ! 
order this day on providing a building for 
the Supreme Court session, &c., he said — 
many Senators who had voted for the bill 
to build a residence for the Governor 
wished to undo their work, and also that 
this bill was introduced at the request of 
Senators. 

sir. Strayhorn asked the yeas and nays on 
the motion to refer. Ordered. Yeas 9, 
nays 29. So the motion to refer did not, 
prevail. bi 

will as special order on the building for 
the Supreme Court Sessions came up, and 
«x. Dotson moved to postpone it for thirty 
minutes, that &r. Watson’s bill might be 
considered. 

vr. Poole opposed this, he said it was not 
fair, it was not in courtesy. } 

Mr. Linney replied that this Senate would 
decide whe*her it was fair or courteous. 

‘er. Dotson’s motion prevailed, so the 
special order was displaced by the bill sup- 
plemental to the bill ordering the building — 
of a Governor’s Mansion. 

Mr. Watson spoke to the bill, saying the 
building of this mansion was most toc 

é eis: 















Se 


is bill is only to say that the Governor and 
3 council shall not proceed with the build- 
ng of this costly mansion until the 1st of 
March, 1885, and not even then, unless un- 
_ der another pill, passed by the Legislature. 
"He said a State that was so poor that she 
Mt could pay her Governor but three thou- 
‘sand dollars, wasn’t able to put him ina 
_ sixty thousand dollar mansion. 
vr. Poole said it was a remarkable thing, 
that the Senator from Alexander was in 
favor of voting fifty-five thousand dollars 
from the State forbuilding him a junebug 
_ railroad through his section but when it 
comes to erecting a building that will be- 
Dike to the State and be a credit to her in 
the future, that then the Senator from Al- 
_ exander was suddenly struck with a panic 
a ery for retrenchment and reform. 
'. Mr. Poole said he stood upon record as 
Ye advocating the interest of the people of the 
a entire State and not simply the interests of 
_ her junebug counties. Not a cent of tax 
' would come from the people in building 
_ this mansion. Perfectly willing the Sena- 
_torfrom Alexander was to take fifty-five 
_ thousand dollars to give to the building of 
_ arailroad, but unwilling to take ten thou- 
> sand dollars and put to the purpose it was 
- especially meant for. That was a system 
W of economy, he confessed he could not un- 
derstand. ‘yr. Poolesaid he dd not come 
_ here so as tomake arecord to goto con- 
| gress. The ghosts of these gentlemen’ 8 rec- 
ords were haunting them in this regard. 
- For himself he was for the whole State, 
even its junebug sections, andif his people 
_ were displeased with his record they could 
- retire him to the shades of private life. He 
- was not to be influenced by letters from one 
_ or two at home; if his nerve and mannood 
told him he was right; let such letters come; 
' they would not affect him. He spoke the 
pyaall length of the extension of time. 
«tr. Watson drew a simile from ancient 
i _ mythology, of the God of the winds lashing 
his sides in fury, and old Neptune arising 
out of the waves, and calling the previous 
~ question—he now called the’ previous ques- 
_ tion. 
4 __ My. Dortch raised the questiou of order, 
that this bill had passed and become a law, 
andthat it could not be repealed at this 
session of the Legislature. He read from 
Parliamentary Law to sustain him, and do- 
nied out and out the power of this Legisla- 
ure to repeal this law. 
be Mr. Womack thought the point well ta- 
en. | 
_ The previous question was reconsidered 
Mr. “orehead*amended so as to strike 
all after the word ‘:1885” in the first 


r. Dortch said he was free 70 say that 
dispo ed of "his point. 





Mr. Poole asked the yeas and nays on the 
bill on second? reading—yeas 30, nays 3 
The bill passed second reading. 

Mr. Linney said, in voting, that Mr. 
Poole must have felt himself strong, and 
had turned his fury on him, on the princi- 
ple, he supposed, that Linville Waters ga 
of shooting bears: ‘If you shoot he won’ 
hurt you, but he'll tear up the first stump 
he gets to.” Mr. Watson had fired at hi 
friend, the Senator from Martin, and he had 
turned on him as the weaker vessel. As t¢ 
money for a railroad, he didn’t ask a cen 
only an exchange of securities. 

Bill passed third reading. 

SUPREME COURT ROOM AND LIBRARIES. 

Bill for providing a room in the Agric ¥ 
tural Building for Supreme Court sessions; 
also a building fora library, came up as 
special order. hy 

Mr. Poole amended, adding Clerk of th 
Supreme Court go the Governor and his 
Council. Accepted. 

Mr. Mor hoa amended that the Attorney: ey 
General purchase the balance of the lot on _ 
which the Agricultural Building is located, ooh ff 
at a price not exceeding + even thousand dol- 
lars, to be paid out of “the funds of the De- : 
partment of Agriculture. 

Mr. Purnell thought they had back lots. Poe 
enough over there and hoped this amend 
ment would not encumber the bill. 

Mr. Dotson, an amendment provided that 
the property so purchased belong to the far- 
mers of the State. 

Mr. Boykin suggested to the Senator fro 
Iredell the wording of his amendment d 
ferently; he didn’t see how it could belo 
to the farmers unless they were a corpora- 
tion; under the amendment the farme 
would be the tenants-in- -common, and any j 
one could bring an action at any ome} iy 
against the others for partition. 

¥r. Dotson withdrew his amendmen 

make the correction, and Mr. 
withdrew his. 

Mr. Payne said that now was not the — 
time to make the appropriation, he should © 
move to table the whole matter. 1 
withdrew it to hear the discussion. Uy 

Mr. Black argued that it was not the fim 4 
to make appropriations in matters that now 7 
at least were not necessary. 

Mr. Poole argued that the necessity fo a j 

Supreme Court room could 1.0t be doubte 
‘by any one. Very few lawyers in th 
medium cities of the country but could 
show a better law office than we could a 
court room. A man ran the risk of break- | 
ing his neck in climbing to get a book out 
of the Jibrary. Valuable records and papers — 
lying in dust on the floor. And a system | 
of economy too penurious to give relief. 
Future generations would rise up and a 
nounee it. 

Mr. Watson spoke ot ‘the importance of 

Sen ti passing t the bill, and he desired 





Ory, 






196 Proceedings of the General Assembly of North Carolina, 
+ ie SS 
it tangled with no amendments. He dis- Mr. Womack said to the million 
 eussed the importance of the bill. He said | hundred thousand people in- this | 


this was a building not ornamental as was 
the Governor’s mansion, but that necessity 
called for it to be built. 

Mr. Toon said this did not seem a good 
day to make debts, and while we were call- 
ed upon by the Senator from Forsyth not 
{0 build the Governor’s mansion; we were 

_ too poor to do it; he now asked us to build 
and appropriate for the supreme court and 

State library; he could not see why this 

sudden change, one was as necessary as the 

other. If the State was too poor to build a 

Governor’s mansion, she was certainly too 
poor to invest in puvlic buildings. 

wir. Linney thought these records should 
be kept within these walls, if there was 
"anything imperishable it was these granite 
walls. The eccentric Judge Mitchell once 
_ thought he aad a Suggy that was imperish- 

able, but it broke doven in two years. 

_ These granite walls were the safest deposi- 
' tory for the records. The State to-day 
owes a large sum, seventy-five thousand 
dollars of its best bonds can be bought for 
fifty thousand dollars. It may be, two years 
hence we will be in better condition to erect 
these buildings. We need light and not 
heat in considering the necessity for this 
appropriation. Here’s $20,000 in cash, and 
in addition all the convict labor and mate- 
rial for building to be furnished outside. 

Here sits a Senator with his bead full of 

brains, (pointing to Mr. Purnell) he has as 

much energy ta be as fat ashe is as any man 

T ever saw, and he glories in voting for this 

appropriation, and his party will arraign us 
- for this appropriation, and I had rather 
"have pestilence and famine than the supre- 
macy of his party in charge of this coun- 
try. He read an extract from a private 
letter from John Cooper, saying he feared 
the Legislature was going back on the 
party’s record for retrenchment and reform 
and that it would be the means of losing 
them the State. 

Mr. Womack asked whet Mr. Linney 
thought would have been the effect of such 
an argument as his when this capitol was 
being built. 

Mr. Linney said he had heard that the 
cost of this capitol was only six-hundred 
: thousand dollars. 
ph Mr. Watson again spoke insupport of the 
_ pill. He said if he should start from his 
~ country down here with a diove of five 
horses and one of them was taken sick with 
the colic on the way, the Senator from Al- 
exander would argue that he should let 
him die rather than buy a pint of whiskey 
_ tosave him. He said it was an argument 
unworthy of the occassion, for the Senator 
to say that the Republican party would 
hold the Democrats responsible for this ap. 
propriation in the presence of the Republi- 
cans sitting on this floor. 











. 


y PAT a ? 2 Spare a Vi a) 








school at Magnolia, in Duplin coun 

















































tlt this ten thousand dollars would % 
seventy-one hundredths of a ceut to 
head. Even should it be taxed, it wasa_ 
postage stamp on every family. A tremen- ~ 
dous sum! in the eyes of the Senator from 
Alexander. as ai, 
Previous question called- i. 
Mr. Dotsen asked tho yeas and nays. 
Ordered—yeas 9, nays 25. a 
wr. Mebane (the colored Senator from — 
Bertie) said, in explaining his vote, that he ~ 
shonld like to have voted For the appropria- 
tion, but he noticed rather a political turn — 
taken on it, and if Democratic Senators — 
were afraid to take the responsibility for — 
doing what they thought was right, he was — 
afraid, too, and should vote no. 
Mr. Dortch, resolution confining debate — 
to fifteen minutes. 
Mr. Jones. ‘‘Except as to the discusion 
onthe Western North Carolina Railroad.” 
Adopted. The resolution had the yeas and ~ 
nays and was adopted—yeas 19, nays 8. 
Mr. Caho, bill to incorporate Southern ~ 
Bonanza Gold Mining Company. Also bill — 
to repeal prohibition at Lake Forest, in ~ 
Hyde county. ‘a 
Adjourned. 


HOUSE OF REPRESENTATIVES. 


iy 
© 


The House was called to order at 10 a. m., 
Speaker Rose in the chair. 

Prayer by Rev. Dr. - . M. Marshall. 

q PETITIONS AND MEMORIALS. 7 

Petition from Camden county in regard 
to public schools. 

Resolution asking our members of Con- 
gress to use their influence to have acanal 
cut from Alligator river to Broad Creek. 

BILLS. 

Mr. Smith, to pay the expenses of the © 
committee who visited the Eastern North ~ 
Carolina Insane Asylum. , 

Mr. Powers, of Cumberland, to secure to 
justices of the peace their lawful fees in 
civil causes. 4 

wr. Gudger, to authorize the board of 
commissioners of Henderson and Buncombe ~ 
counties to finish the Spartanburg and 
Asheville Railroad. F 

Mr. Johnson, of Craven, to prevent the 
felling of timber in Brill Creek. 5" 

Mr. Sutton, to exempt the sailors of 
Chowan, who pay tax to the United States 
Hospital, from poll taxes. a 

Mr. Barrett, of Pitt, to prohibit the sale 
of liquor in three miles of Rose Hill” 
church. . ni 

Mr. Forbis, of Guilford, to carry into ef- 
fect the provisions of section 7, article 9, in 
regard to unclaimed dividends and distrib- 
utive shares. ; 

Mr. Stanford, to establish a graded p 


AY ¢ 
1 adie eh TERE, | Lata 


Mr. Ray, to amend chapter 19, private 
laws of 1881. ° 
‘Mr. Abbott, to amend section 77, chapter 
270, laws of 1868-67. 
Resolution amending the rules of the 
- House, allowing two minutes in explanation 
- of votes, was taken up and passed third 
reading. 

_ Bill to authorize the commissioners of 
Swain county to pay certain school elaims, 
passed its :hird reading. 

_ Billto change line between Alleghany 
- and Wilkes counties, passed its third read- 


ing. 

He Bil for the relief of J. A. McArthur, late 

sheriff of Duplin county, passed its third 

reading. 

_ _ Bill to amend the charter of the towa of 

_ Edenton, passed over informally. 

Bill in relation to oyster gardens and 

clam beds, passed its third reading. 

Bill to_establish a graded road in the 

counties of Wilkes and Ashe. [Dr. Wil- 

- cox, of Ashe, spoke infavor of the bill, ask- 

ing fora number of convicts, and gave many 

_ reasons why the aid asked for should 

_ be granted to the people of that section of 

_ North Carolina.] Passed its third reading. 

_ Bill at thorizing the board of public build- 
ing to appoint the keeper of the capital and 
the trustees of the library to appoint the 

_ State Librarian, passed its third reading. 

_ Bill to amend chapter 139, laws of 1881, 

relating to stock law in Rowan county. 

bill to amend the charter of the town of 

- Durham. Allows the issue of $20,000 bonds 

_ for the purpose of paving the streets, ques- 

_ tion to be submitted to the qualified voters 

_ of said county; passed its second reading. 

Senate resolution to adjourn ‘‘sine die” 

- at 12m. March 5th, gave rise to a good 

_ deal of discussion, but on motion of \r. 

- Bunn was amended by striking out 12 m. 

and inserting 2 p. m. 

Bill to authorize the treasurer of Yancey 
ounty to pay certain school claims, Passed 
ts thud reading. 

SPECIAL ORDERS. 
To amend the charter of the city of 
harlotte, fuesd vy. 
Tc create a railroad commission, Wednes- 
ay morning at 11 o’clock. 
To allow additional court facilities to 
astern North Carolina, Monday. 
_ Bill for the relief of the former creditors 
wf the town of Fayetteville. Passed sec- 

_ ond reading. 

_ Mr. ailey, of Mecklenburg, stated that 

ashe had not sufficiently been informed as 

the provisions of the bill he would vote on 
S reading, no, but with the privilege to 
e. his vote on the third reading. 
raded schools in Chowan 
second readi 





of Kinston, Lenoir 
reading. Hy 

To authorize the commissioners of Vance ~ 
county to levy a special tex. Passed third — 
reading. 

To incorporate Mott’s Grove 
Ground. Passed third reading. 

House then adjourned to Monday at 
a. m. 


SENATE. 
FORTY-SEVENTH DAY. 
Senate called to order at 10 o’clock. 
PETITIONS. ne 

Mr. Pemberton, from citizens of Stanle 
county, praying for prohibition at Randles 
church and Pee Dee Academy in Stanly — 
county. 3 

Mr. Neill, from certain citizens of Yan-— 
cey county. 

BILLS, 

Mr. Ebbs, to establish a new township in 
Madison county. I 

Mr. Neill, to prohibit liquor in three 
miles of Crab Tree Church and Mar- — 
tin’s Chapel in Yancey county. ‘ocd 

Mr. Watson, to authorize and empower 
the sheriff of Forsythe county to collect 
certain arrears of taxes. y 

Mr Hampton, to established graded 
roads in Yadkin and Forsythe counties. 

Mr. Pemberton, bill to prohibit sale of 
liquor in two miles of Randles church and — 
Peé Dee Academy in Stanly county. 

OALENDAR. 

Bill to authorize E. R. Stamps, preside 
of the board of directors of the penitentiary, 
to make title to certain realestate,came up 
as unfinished business of Saturday, ani 
passed its third reading. 

Bill to authorize the county of Pender to — 
issue bonds. ; 

Mr. S< ott, of New Hanover, opposed the 
bill, and mentioned several gintlemen in — 
the county who had written him against it, 
(and quoted an extract from a letter from 
Bruce Williams, attorney) all Democrats — 
except two, against the passage of the bi 

#1. Aiexander explained for the commit 
tee that Pender county had been a county 
eight years; she had no court house or jail; 
the prisoners were kept in New Hanover 
they had the sheriff of the county befor 
them, and several prominent gentlemen o 
the county after they understood the bill 
we ein favour of it. Hither Pender coun 
would have to be abolished or else a court 
house built. 

»r. Boykin said he was prepared to com- 
pare letters, bothin quantity and quality 
with the Senator from New Hanover; a 
large number of the citizens, both Republi 
cans and Democrats, were in favor of th 
bill, and a great many of those opposed t 
.t were opposed because they did n 
understand it; when it was once understo 

pity: a Wit APY ‘ 


1 





198 


by the people in Pender they would see the 
necessity for it. 

Bill passed third reading—yeas 28, nays 6. 

TOBACOO WEIGHERS. , 

Mr. Cozart introduced a substitute for his 
bill for the appointment of weighers in to- 
bacco warehouses. The substitute leaves 
the appointment of the weighers to the 
warehousemen, on the petition of fifty farm- 
ers; fixes a uniform price for weighing and 
only allows three per cent. on the gross 
salcs and ten cents a hundred for weighing. 

Mr. Scott, of Rockingham, said he did not 
understand how it was that this substitute 
could now come applying to the whole 
State when it was the expressed sense of 
the Senate that it should only apply to the 
counties of Granville, Vance and Warren. 
His people did not want this bill, it would 
drive tobacco to Danville that now went to 
our warehouses. He offered an amend- 
ment that the bill should only apply to the 
counties of Granville, Vance and Warren. 

“ir. Cozart accepted this amendment as 
entirely satisfactory, 

Mr. Watson said he had petitions from 
prominent tobacconists in Granville and 
Warren who did not want this bill, and his 
own impression was it was an improper in- 
terference with the business that would re- 
sult in driving tobacco from the ware- 
houses. 

Mr. Jones read certain sale charges sent 
with petitions from the farmers in Gran- 
ville, Vance and Warren, and said that cer- 
tainly those statements of sales demanded 
relief for the people in those counties--they 
were evidently imposed on according to 
those statements. 

‘yr. Berry called the previous question, 
and the bill passed its third reading. 

Bill to levy a special tax for the county 
of Cabarrus p.ssed third reading, yeas 36, 
nays 0. 

Bill to estaplish graded schools in Lenoir 
township, in Caldwell county, passed third 
reading, yeas 36, nays 0. 

Bill to incorporate the town of Third 
Creek, in Rowan county, passed third read- 
ing, yeas 39, nays 0. 

Bill to amend the charter of the town of 
Salisbury so as to issue bonds to provide 
for its outstanding indebtedness passed 
third reading, yeas 37, nays 0. 

Mr. Scott, of Rockingham, bill to pro- 
flibibit insurance companies authorized to 
to do business in this State from discrimi- 
nating in their charges against North Caro- 
lina policy holders. 

Bill to amend the charter of the town of 
Stonewall, in Pamlico county, passed sec- 
ond reading, yeas 35, nays 0. 

Bill to secure the better drainage of the 
lowlands of Killdee Swamp, in Sampson 
county, passed third reading. 

Bill to amend the election laws of the city 
of Wilmington, by requiring a voter to give 


Procedings of the General Assembly of North Carolina, 


. Mr. Alexander explained the bill. 










the number of the lot, the number of the 
block, and the number of the ward and the — 
subdivision. (Mr. Boykin’s bill.) 

Mr. Scott, of New Hanover, opposed the 
bill. He trusted the Senate would not pass — 
He said it 


any such, 
r. Boykin spoke to the bill. 

only provided for a free and fair count, and 
he read from a letter from Yr. Thomas E. 
Bond, of Wilmington, and B. J. Boney, that 
out of 138 votes challenged in the tourth 
ward, that 125 of them were the names of 
dead men or repeaters. The object of this 
bill was only to provide for the free and fair 
election, which certainly the Senator from 
New Hanover desired. _ 

‘r. Scott, of New Hanover, again spoke 
against the bill. He said it would disfran- 


chise about fifteen hundred voters. i 


Mr. Strayhorn opposed the bill; all these 
restrictions thrown around the right to vote 
were manifestly wrong; the right to vote 
should be as free as the air,and not one voter 
in a hundred could give the number of his 
lot. 

Mr. Mebane amended requiring the city 
to paint the number of the lots; he would 
vote for it vith such amendment. 

The previous question was called, and 
the amendment lost. 

vr. Loftin asked for the yeas and nays 
on the bill. Ordered. Yeas 29, nays 14. 
So the bill passed its second reading. 

+r. Scott, of New Hanover, objected to 
a third reading. So itrequired a two-thirds 
vote to suspend the rules. 

Mr. Boykin moved its third reading. 

There was a two-thirds vote, so the bill 
was placed on its third reading and passed. 

Bill to incorporate the North Carolina 
Savings Bank passed its third reading. 

Mr. King, of Pitt, bill to amend the char- 
ter of the town of Greenville. 

Bill to require the commissioners of Mc- 
Dowell county to compromise, commute 
and scttle the county debt. Passed second 
reading—ayes 36; nays none. 

Bill to authorize the commissioners of 
Madison county to levy a special tax. 
Passed second reading—ayes 38; nays none. 

Resol tion to furnish Superior Court 
judges and solicitors copies of the acts of 
the General Assembly of this session. 
Passed third reading. 

Resolution in favor of L. Howard, of 
Macon county, for pay as commissioner 
($50) in settling the boundary line between 
this State and Georgia. Passed third read- 
ing. 

Sill relating to toll gates in certain coun— 
ties; provid_s that the citizens in Ciay and 
Maco: co:.nties shall mutually pass free of 
toll. Passed third reading. f 

Bill to incorporate the Biddle Institute. 
Passed 
third reading. 

Bill to ascertain the outstanding indebt- 


Ee 





















ide al 
2 Wi a ie 
my ee rh 
z ey ae 


At 






edness of Franklin county, and provide for 
payment of the same—committee amend- 
- ment adopted—and bill passed its second 
reading, ayes 37, nays 0. : 

Bill to create a stock law in Pamlico 

- county. [Mr. Caho’s bill. ] 

Mr. Loftin asked for the ayes and nays on 

_ the passage of the bill. Ordered. Ayes 27; 

nays 18, so the bill passed its second read- 

ing. 

) Sir. Whitford amended by adding the 
counties of Jones and Craven. 

Mr. Clarke amended that amendment, by 
striking out Craven. 

Mr. Clarke’s amendment prevailed. So 
only Jones county was added. And the bill 
passed its third reading. 

q Bill to change the name of Blue Ridge 

_ township in Macon, to that of bigh Lands, 
_ passed its third readidg. 

A conference committee of three on the 
part of the Senate, was asked by the House 
to confer about the great seal and the State 

- records. Concurred in. 

Bill to amend the laws relating to the 

_ stock*law in Rowan county passed third 

reading. 

Bill to empower the county commission- 
ers of Cherokee to re-establish the ffice of 
county treasurer passed third reading. 

Bill to incorporate the trustees of the 
_ Hayesville High School, in Clay county, 

passed third reading. 

Bill concerning a devise to the Oxford 

Orphan Asylum passed third reading. 

vill in relation to gas and water supply 
for Asheville passed third reading. ‘ 

_ Bill to amend the law in regard to sheriffs’ 

_ fees (requires the money on all executions 

paid to the sheriff himself) passed third 

reading. 

Bill to establish Roanoke township, in 

Halifax county. F 


_ My. Alexander hoped the bill would pass, 
_ and not be delayed, as delay would kill it. 
Another township was badly needed in that 
county, some people had *to ride nine 
miles to vote. . é 
Mr. Battle spoke against delay. The 
_ white people and every landholder in that 
- section wanted it. He hoped it would pass 
> at once. 


_ Mr. Clarke insisted that it was a matter 
_ of courtesy due the Senator from Halifax, 
/ who was absent, to delay this bill till 
Wednesday at least. 

_ Mr. Battle insisted that the object of 
postponement was to kill the bill. 

yr. Caho called the previous question. 
Passed second reading. 
__ Mr. Clarke got the ayes and noes on the 
‘third reading. Ayes 27, nays 9. 

___ Bill to prevent the felling of timber in the 
ench road river and its tributaries, in 
sylvania county, passed third reading. 
to establish the dividing line between 





















its Regular Session, 1883. 


second reading—ayes 33, nays 0. 













199 


the counties of Clay and Cherokee, passed 

third reading. f ‘i 
Bill to authorize the county commission- — 

ers of Lenoir to levy a special tax, passed — 


Bill to incorporate Mount Vernon church, — 
in “itchell county, passed third reading. 
Bill to incorporate the Big American ~ 
Reduction Company. Snbstitute recom- — 
mended by the committee adopted, and the 
bill passed its third reading. } 
Bill to prohibit liquor in two miles of — 
Moore Union church, in Moore county. — 
Passed its third reading. ae 
Resolution receiving Wesley Jamison, of 
Yancey county, into the Deaf, Dumb and — 


’ 
ie 


Blind Asylum. Committee substitute 
adopted, and the resolution passed its third 
reading. 


Bill authorizing the commissioners of 
Craven ty issue bonds to build bridzes — 
across Neuse and Trent rivers. 

Mr. Hill moved to table the bill. a 

Mr. Whitford supported the motion to 
table. He said Craven county had taxes 
enough. 

The bill was tabled by a rising vote. Yeas 
18, nays 15. The bill was reported favor- 
ably, and Mr. Clarke said the bill was sent 
to him by the Democratic board of count 
commissioners. : 

Bill to prevent felling timber in Pigeon 
river, in Haywood county. Passed its third 
reading. | 

Resolution in favor of Alfred Williams, — 
$33.05, for stationery to the Senate. Passed 
its third reading. 

Mr. Pinnix (by consent), a bill to drain 
the lowlands of Spurgin’s creek, in Forsyth 
and Davidson counties. 

Bill to incorporate the Platonic Literary 
Society of Rutherford College. Passed 
third reading. 

Bill to incorporate Bell’s Ferry in Pitt 
county. Passed third reading. 

Bill to incorporate Glen Alpine in Burke 
county. Passed third reading. ; 

Bill to amend the charter of the town of 
Shoe Heel. Committee amendment adopted 
and the bill passed second reading. ; 

Bill to prohibit fast driving over certain — 
bridges in the county of Green—Mr. Loftin’s 
bill—passed third reading. ; 

villto authorize commissioners in Greene 
to pay Susan Lane fifty dollars for school 
services rendered. Mr. Loftin sent forward 
a letter from certain school committeemen 
saying there was a balance due Susan 
Lane of fifty dollars. Passed third reading. 

Bill to incorporate the town of Staunton 
in Beaufort county. Passed third reading. _ 

Bill to incorporate the town of Sharps- 
burg, in Nash and Edgecombe counties. 
Passed third reading. 

‘ill to authorize the board of commis- 
sioners in Wake to levy a special tax. Mr. J 





~ = wr: +> md mer * = oe ee 
Pe ee ee ee ge ee eles 


Purnell stated he was opposed to all special 


Foy ee OND bee. oe De ¢ Na a oe, 


ae 


200 


taxes, that he introduced the bill at the re- 
quest of the commissioners. ill passed 
second reading, yeas 39, nays 0. Mr. Pur- 
nell said he voted ‘‘yea.” Mr. Boykin 
suggested to him, to be. consistent, to 
change his vote on the other taxlevies. Mr. 
Purnell then changed his vote to ‘‘nay.” 
Several Senators then arose, saying ‘yr. 
President, I change my vote to nay,” when 
Mr. Purnell said he would takeit back, and 
let his vote remain yea. 

Pill to make valid certain land grants in 
Pamlico and Hyde, passed third reading. 

“ir. Evans asked consent, and introduced 
a bill to extend aid to the North Carolina 
Tobacco Exposition. 

Bill to incorporate the Lightwood Creek 
Canal Company, in Hyde county. 

Bill to authorize the county commis- 
sioners of Tyrrell to sell certain property, 
passed third reading. 

Bill to prohibit the use of Dutch and pond 
nets in the waters of Carteret, passed its 
third reading. 

Bill to divide North Carolina into nine con- 
gressional districts. 

Mr. Strayhorn asked that the bill be 
printed. He said that it’s being hereright at 
the end of the session, was the fault of the 
committee if it was anybody’s fault, and he 
hoped it would be printed. 

Mr. Caho Said the gentleman was just as 
well informed now as he would be after the 
bill was printed. He called the previous 
question. Ordered. The bill was read. 

Mr. Watson said he expected to vote for 
this bill on its final reading. The Senator 
from Orange had asked to have the bill 
printed and made the special orde: for 
next Wednesday. Being on the majority 
side he was in favor of having it printed, 
and made the special order ior 11 o’clock 
next Wednesday, so that the minority side 
could have an opportunity of seeing the 
bill, and knowing what it was. He moved 
that three hundred copies be printed. 

Mr. Dortch also was in favor of giving 
the minority side the opportunity to read 
the bill. The motion prevailed. 

At 1:30 the Code came up as specia 
order on third reading. ee 

Mr. Clarke moved that it be read. 

Mr. Pinnix moved to dispense with the 


reading. 
On that motion Mr. Clarke asked the yeas 
and nays. Ordered. 


Right here the Chair said: ‘*The Code 
will be read.” 

The Reading Clerk opened t’e immense 
volume and began to read. 

Mr. Caho moved that the doors be closed 
and no member be allowed to leave until it 
was read. 

vr. Watson said if the opposite side in- 
sisted he was for a perpetual session, with 
only intermissions for the members to take 
refreshments, even if it took to the last day 








‘ —(Mr. v orehead in the chair) said: ‘Shall 










a 


of the week to get through with the book. 

The Clerk went on with the reading of 
the immense volume of twelve hund 
pages. _ ia 

The chair soon stopped the’ reading and © 
said: ‘Whenever it is the pleasure of the — 
Senators to come to order and listen to the — 
reading, the chair will direct the clerk to 
proceed.” (There was a pause of some 
minutes till the Senators were seated and 
the buzz subsided), and the chair then — 
said: ‘The clerk will proceed.” The read- — 
ing went on. 

Mr. Loftin said he thought the clerk was 
skipping. He was for having it read right — 
if bound to be read. He said he was op- — 
posed to obstructing legislation in this way. — 
He had abiding confidence in the commis— — 
sioners who had revised the Code to accept 
it without going through it again. He said — 
Mr. Clarke and himself, too. had been — 
treated badly. It was harrowing to have ~ 
been treated as he had been on this floor. 
He had been told he was not the peer of De- 
mocratic Senators, and the previous ques- — 
tion had taken his own county legislation — 
out of his mouth and passed it over his — 
head, but he insisted on vr. Clarke’s not — 
placing the Republican party on record as — 
obstructing legislation. He hoped the Sen- — 
ator irom Craven would rise and give his — 
reason for insisting on the reading. . 

wa. Clarke said he disliked to differ with 
his friend, but the minority had rights on — 


this floor, and he called again for the read- 
ing of the bill. 
wir! Watson said if the Senator from Ora- 
ven, knowing that now we were on the eve © 
of adjournment, would tale on his shoulders 
the responsibility of defeating this villlet him 
do it, but he thought by to-morrow morning 
(it was now the usual time of adjournment) 
but he hoped By to-morrow morning, after 
we had staid here all dayand night, as he © 
was ready to do, after the Senator from 
Craven had slept in his seat ‘all night,that by — 
to-morrow he would think differently of his 
stubbornness,as stubbornnessit was. That 
it was the duty of the Senate, and a duty he 
intended to carry out, to stay here till the 
dog days, if necessary, in order to pass this 
bill. 
At 2:35 the reading was ended,and the chair 
















the bill pass its third reading, Senators? 
those of you in fayor of the bill on its third 
reading will answer yea, those opposed, — 
no.” The roll was called. 

Mr. Strayhorn and Mr. Mebane explained 
that they would like to vote for the bill, 
but as it contained county government the 
couldn’t do so. The vote stood: yeas 
nays 10, so the bill passed third reading. _ 

Mr. Pemberton, bill to provide for th 
support of the Deaf, Dumb and Blind In 
stitution. ; at 

yr. Dorteh, bill to appropriate $50 ] 

£ 























Ie be 


‘annum for the use of penitentiary Sunday 
chool. 
_ Adjourned. 


HOUSE OF REPRESENTATIVES. 


Chair. © 
Mi PETITIONS AND MEMORIALS. 

_ Mr. Riggs, petitionfrom Dare county, 
_ against the repeal of the prohibitory laws ; 
of Wake county, requesting prohibition of 
sale of liquor near New Hope church. 

Mr. Baum, from citzens of Hyde county, 
asking prohibition within one mile of Juni- 
per Bay school; from citizens of Pender 
county, praying an amendment to the con- 
stitution, allowing school tax paid by the 
_ whites to go to the education of the white 
' children and that paid by the colored peo- 


children; from eitizens of Leaksville town- 
ship, Rockingham county, for appointment 
of certain justices of the peace; from citi- 
zens of witchell county, against changing 
' their county line. 
' Mr. Bailey, of Mecklenburg, petition of 
C. J. Cowles and others, touching the State 
debt. 
_ Mr. Philips, from citizens of Stokes 
county, asking that Dan river be opened 
‘to the passage of fish. 
_ Mr. cailey, of ‘Mecklenburg, from Mayor 
and Aldermen of Charlotte, in opposition 
0 the graded school. 
_In regard to soldiers maimed in the late 
war. 
i , RESOLUTIONS. 
' Mr. Stanford, iu regard to night sessions. 
My. Bailey, of .ccklenburg, requesting 
the Judges of the Supreme Court to give 
‘their opinion in regard to section 28, article 
1 of the constitution. 
' Mr. Love, to pay actual expenses of the 
committee on the Western Insane Asylum. 
_ Mr. Sherrill, concerning evening sessions. 













BILLS. 

_ Mr. Thompson, in relation to fishing in 

the waters of White Oak and New river, 

and the sound between them. 

_ Mr. Overman, to create a new township 

in Rowan county by the name of Steele 

jOownship. 

_ wr. Strudwick, in relation to justices’, 

ckets in Orange and Durham counties. 
Mr. Reade, amending prohibitory laws in 

Person county, eonfining them to one mile 

om locality named. 

_ Mr. sicLoud, to incorporate the Asheville 

obacco warehouse company. 

| wr. King, for the improvement of the 


lina, 
Bower, to authorize the commission- 
he town of Lenoir to lay off addi- 


arris, of Davidson, for a better sys- 


i Ssh 


ans 


ys At its Regular Session, 1883. 


‘d House met, with Speaker Rose in the 


ple to go to the education of the colored ° 


ets and sewersof Greensboro, North ° 





nt eee es en eet Wh } m 


201 


tem of keeping in repair public roads by 4 


taxation. 


The bill provides that the board of jus— 
tices of the peace of the county, at any reg- 
ular meeting, or at any meeting called by 


the board of commissionersof the county, 
may by a majority vote, (a quorum com- 
posed of a majority of the justices in the 
county being present.) adopt an alternative 
method of constructing and keeping in re- 
pair the public roads by taxation upon all 


property in the county made the subject of 
ad valorem taxation, the rate not to exceed 


ten cents on the $100 valuation, and that all 
able-bodied male persons between the age 
of eighteen and forty-five years shall be 
liable annually to perform four days labor 
on the public road, provided, that any such 
persons may be discharged from such labor, 
upon payment to the overseer of the sum 
of two dollars and fifty cents per annum in 
lieu thereof; anit upon such payment he 
shall be exempt from road labor in the 
county for one year; also such persons shall 
be exempt from any poll tax for public road 
purposes. The bill further provides for a 
supervisor of roads for each road district. 
Each township inthe county shall consti- 
tute a road district. The duty of a super- 
visor is to lay out and divide all the public 
roads in his district into sections; to spec- 
ify the nature and extent of the work; to let 
out each section to the lowest bidder. It 
also provides for working persons confined 
in the county jail or other places, and all 
persons sentenced to the State’s prison for 
a term less than one year. 

Mr. Peebles, to amend section 130, chap- 
ter 31, of the Revised Code, and also to fa- 


cilitate the settlement of the estates of de- — 


ceased persons. , 

Mr. Stanford, to authorize the Governor 
of the State to issue a proclamation of out- 
lawry. 

Mr. Overman, by request, to amend chap- 
tes 65, sections 17 and 18, of Battle’s Revi- 
sal, as amended in 1879, relating to the bet- 
ter protection of stock raising. 

Mr. Harris. of Wake, to lower the grade 
of certain offences. 


To amend section 4, chapter 37, 
Revisal. 

Mr. McLoud, to protect the new double 
track iron bridge across the French Broad 
at Asheville. 

wr. Baker, of Northampton, to allow all 
boats to carry freight to and from Gaston 
depot in the county of Halifax. 

Mr. Worthington, to amend chapter 180, 
laws of 1879. ; 

Mr. Bailey, of “Mecklenburg, for the re- 
lief of the Kerryman Manufacturing Com- 
pany. 

Mr. Gudger, to prohibit the sale of liquor 
withfn certain localities in Buncombe 
county. 


Battle’s 





Ba ee 3 





= rene s it 


Fae oe te 





ain eR Se, at a 
gt ae ee ie Oe 


Sits 
ae, 
es am 


; 


202 


~ 


Mr. Abbott, to incorporate the State pen- 
itentiary. : 

Mr. McLoud, to establish a turnpike road 
between Asheville and Swananoa river in 
Buncombe county. 

Mr. Bunn, to provide a room in the Agri- 
cultural building for the sessions of the 
Supreme Court, and a building for the mis- 
cellancous and Supreme Court libraries. 

Mr. Worthington, to amend charter of 
the town of Williamston, Martin county. 

CONTESTED ELECTION OASE. 

The majority report on the contested 
election case from Northampton county was 
taken up and read. After giving detailed 
evidence, the report concludes with this 
resolution: Resolved. That G. H. Parker 
was elected and entitled to occupy the seat 
in this House, as a representative of North- 
ampton county, now held by R. B. Pee- 
bles, and that the said Peebles was not 
elected to the same. 

Mr. Simmons, asked leave to introduce 
the minority report to-morrow; desired 
further time to get at the full facts. 

Mr. Bailey, of Mecklenburg,objected. He 
thought it high time this matter was dis- 
posed of. 

After another discussion, the ‘’ouse 
granted Mr. Simmons’ request, and the mi- 
nority report will come up _ to-morrow 
morning. 

Mr. Bailey moved to make it the special 
order for to-morrow. 

Mr. Bunn opposed the motion. There 
should be no special order until the minor- 
ity report wasin. The House must hear 
both reports before it could act intelli- 
gently. 

Mr. Stanford’s resolution providing that 

- the night sessions be devoted to private 
bills was taken up and passed. 
ORIMINAL DISTRIOTS. 

Substitute for the original bill to create 
two criminal districts in the eastern portion 
of North Carolina was taken up. 

Mr. Simmons explained the provisions of 
the ill. 

After about a dozen or so amendments 
the bill was, on motion of Mr. Thompson, 
of Onslow, laid on the table. 

OALENDAR. 

Act to incorporate the town of Franklin, 
in the county of Macon. Passed its third 
reading. 

Act to amend chapter 175, laws of 1876- 
77,to extend the corpoate limits of the town 
of Lincolnton. Passed its third reading. | 

Act to amend the charter of the town of 
Durham. Passed its third reading. 

Act to establish normal schools in Mon- 
roe. This bill gives the oard of Educa- 
tion discretion to do so or not. Failed to 
pass its second reading. 

Act to incorporate the town of Asheboro, 

* in the county of Randolph. Passed its third 
reading. 


Proceedings of the General Assembly of North Carolina, ae 













To amend chapter 242, laws of 1876-77. 
Passed its third reading. fi" 

To incorporate the black Mountain Rail- 
road Company. 

Act for the benefit of farmers in Grass — 
Creck township, Cumberland county, 
passed third reading. 

To amend chapter 126, laws of 1881. The 
amendment is, ‘“That whenever oeas 
of the voters of any township shall peti- 
tion the board of commissioners thereof, — 
the said board shall declare said chapter — 
126 in full force and effect in the townshi 
making,the petition.” [Fence law, Wake Co.] — 

Mr. Temple spoke against the bill, stating — 
three fourths of the voters of Wake county 
were opposed to the bill, and that no one 
could be elected from Wake who would 
advocate such a bill; the majority of the 
voters could not, in his opinion, be ascer- 
tained by petition, and that the petitioners 
before the Legislature two years ago proved 
that fact. Out of 9,000 votes in Wake 
county, no man could obtain 2,000 of said 
votes if he advocated such a bil; it would 
be unfair, unjust and an outrage to thrust 
such alaw upon his people against their 
will. 

“Mr. Harris, of Wake, urged the adoption 
of this bill. This Assembly has already 
passed absolutely a no-fence law in some — 
ten or twelve counties in this State without — 
any regard to the wishes of the voters. If — 
past legislation be taken as a guide, unless — 
this bill is passed we may force upon the ~ 
entire people of the county an absolute no- — 
fence law. This bill provides that a ma- 
jority of the qualified votes of ahy town- — 
ship may petition the board of county com- 
missioners to establisha no-fence law—not 
until this is done does the law have any 
effect. Itis to avoid a no-fence law over 
the entire county that I accept this act as — 
a compromise. 

The bill passed third reading. ~ 

On motion of Vr. Bunn the bill redeem- 
ing certain lands purchased by the State 
was taken from the table and placed upon 
the calendar. 

Substitute for the original bill to incorpo- 
rate the Southern » ining, Smelting and 
Vanufacturing Company, passed third 
reading. 

To incorporate the town of Conover, in 
Catawba county, passed secend reading. | 

Act supplemental to and amendatory of 
an act to amend chapter 83, Battle’s Re-— 
visal, February 138, 1883, passed second 
reading. , 

To amend chapter 58, private laws of 
1870-71. 

-To amend section 4, chapter 15, laws of 
1811, passed third reading. 

To prohibit the sale of liquor in certain 
localities in Randolph county. Passed “its 
third reading with amendment by M 
Robins, of Randolph. ; 



















































To allow commissioners of Lenoir county 
to levy a special tax to build a bridge over 
Neuse river. Passed second reading. 
_ To amend and consolidate the acts con- 
' solidating the town of Lumberton in 
_ Robeson county. 
To amend the charter of the city of New- 

bern. . 
The resolution asking the opinion of the 
judges of the Supreme Court in regard to 
the sixty days session (introduced by Mr. 
_ Bailey) was taken up and sent to the Sen- 
ate. i 
To amend the charter of the town of 
_ Edenton; pendirg which the House ad- 
_ journed to 7:30 this evening. 

NIGHT SESSION. 

The following bills passed third reading: 
‘for relief of former creditors of Fayette- 
ville; to amend charter of Asheville; to 
_ amend law in regard to market house, &c., 
at Wilmington; to incorporate Mt. St. Jo- 
_ seph Academy, Catawba county. 
Bill for relief of farmers of Rockingham, 
tabled. 
_ Bill providing for alternate working of 
’ roads was discussed at great length. 


HOUSE OF REPRESENTATIVES. 
EVENING SESSION. 
February 26, 1883. 
 Uufinished business of the morning re- 
sumed. 
Bill to change the charter of the town of 
_ Edenton. Laid over for the present. 
' No quorum present, on motion of Mr. 
Bryan, of Wilkes, the roll of the House was 
_ called, when a sufticent number answering, 
_ the business of the House was resumed. 
. OALENDAR. 
_  Toincorporate the town of Enochville, 
_ Rowan county. 
Resolution in favor of A. Williams & 
Co. Passed third reading. 
' ‘Yo amend the charter of the town of 
_ Asheville, N. C. Passed second reading. 
_ For the relief of the former creditors of 
_ the town of Fayetteville, N. C. Third 
| reading. 
_ Mr. Bailey, of Mecklenburg, explained 
_ his vote. Thought it an act of repudiation 
- and unconstitutional—would vote no. 


_ chapter 216, laws of 1881. 

_ wr. Greene, of New Hanover, to amend 
as follows: ‘‘Provided that the *country 
_ wagons and carts shall not be required at 
| the city of Wilmington later than 11 o’clock, 
a. m., after which time the said wagons and 
carts may be driven through the streets of 
‘Wilmington for the purpose of selling the 
remaining marketable products. 

+ r. Green said that the carts and wagons 
heretofore been permitted to take the 
rishable articles through the city to sell 
families and he hoped this old privilege 
d not now be taken away. 





At its Regular Session, 1883. 


To amend chapter 191, laws 1881, also | 





Mr. Stanford opposed the amendment. 
He had seen numbers of carts and wagons 
on the streets of Wilmington at all hours 
with perishable produce in them. Every 
one knew this would tend to breed disease. 


After anamendment to insert 10 o’clock in a 


lieu of 11 the bill passed its third reading. 

To incorporate Statesville and Catawba 
Toll Bridge Company. Referred. / 

To incorporate Mt. St. Joseph Academy 
at Hickory, Catawba county. Third Read- 
ing. 

For'the relief of the farmers of Rocking- 
ham county. +! 

Mr. Glenn—This bill was for the benefit 
of the farmers solely, and not for the law- 
yeas. The ‘courts are now heldzin May at 
the very time when the farmers are engaged 
in planting their tobacco, and to call them 
off to attend court would work ruin to 
them. The change asked for would be of 


incalculable benefit to his people, and would ~ 


int: rfere with none of the people compos- 
ing the district, except Franklin county, 
and that to no serious extent. 

Mr. Green, of Franklin, hoped the bill 
would n t pass. His was a cotton-gfowing 
country. Mr. G. then gave a detailed ac- 
gount of how this crop was raised the par- 
ticular time necessary to watch it, and 
stated that if this change was rendered tt 
would work destruction to his people. 

The bill failed to “pass after considerable 
discussion. 

To establish a ferry across Toe river. 


To incorporate the Loftin Silver and Lead 


Mining Company. 

To amend chapter 102, la-vs of 1881. 

To incorporate the town of Arden, in 
Buncombe county. Passed its second read- 
ing. 

Relative to a financial committee for the 
county of Cleaveland. - 

To prevent the obstruction of fish: in 
Neuse river. 

To incorporate 
Works Company. 

Relative to the appoyntment. of cotton 
weighers of Goldsboro. 

To prohibit the sale of liquors within 
three miles of Burnsville, Yancey county. 

To provide for the alternate keeping in 
repair of county roads. 

The remainder of the evening session 
was spent in offering amendments to this 
bill, pending which the House adjourned 
to 10 o’clock to-morrow morning. 


SENATE. 
FORTY-EIGHTH DAY. 
& The Senate was called to order at 10 
o’clock. 
Prayer by Rev. Dr. Yates. 
PETITIONS. 
Wr. Black, from citizens of Moore, ask- 
ing that liquor be prohibited in three miles 
of sethesda Presbyterian church. 


the Salisbury Water 


203 








Mr. Graham, from citizens of Stanly and 

“ntgomery counties, asking a public ferry 
oss Pee Dee river. 

My. Alexander, from citizens of New 

_ Hanover, in regard to the no fence law. 

me BILLS. 

- -‘Mr. Woodhouse, to amend law relative to 
the compensation of servants of the various 

State departments. 

Mr. Speight, to amend chapter 225, laws 

_ of 1881, concerning extending the time of 

the sheriff of Perquimans county to settle 

taxes. 

Mr. Lovill, to establish a new township 

n the county of Ashe. 

_ My. Alexander, to prevent live stock from 

- running at large in the county of New Han- 

over. 

_ Mr. Evans, to fix the price of public print- 




















g- ne 
Mr. Graham, to aut: orive the commis- 


school claims. 

_ Mr. Ebbs, to disallow officers of Madison 
;ounty to receive extra fees. 

Mr. Payne, to amend laws of 1846-47, 
elative to Richmond Academy, at Rock- 
ngham, N. C. 

Mr. Cozart, to repeal chapter 113 of laws 
of 1881. 

Mr. Womack, to amend private laws of 
80, chapter 34, changing fish commission 
the commission of agriculture. 

Mr. Webb, relative to the stock law in 
ertain sections of Rutherford county. 

te Mr. Watson, to drain the low-lands of 

Abbott’s creek, in Forsyth county. 

_ Mr. Richardson, to amend chapter 206, 
aws 1881, concerning Eastern Insane Asy- 
um. 

Bip) 3 OALENDAR. 

Bill to amend the law concerning the 
charter of the town. of Stonewall passed 
ird reading—yeas 29, nays 0. 

Bill to incorporate the town of Staunton, 
Beaufort county, passed third reading— 
yeas 33, nays 0. 

 Billto empower the board of commis- 
sioners of McDowell county to compromise, 
commute and settle the county debt passed 

_ third reading—yeas 388, nays 0. 

- Bill authorizing the commissioners of 
ison county to levy a special tax passed 
d reading—yeas 38, noes 0. 

ill to provide for ascertaining the out- 
anding indebtedness of the county of 
franklin, and provide for the payment of 
Y foot passed third reading—yeas 36, 
s 0. 

_ Bill to authorize the commissioners of 
Lenoir county to levy a special tax passed 
ird reading—yeas 35, nays 0. 

ill to amend the charter of the town of 
e Heel came up on its third reading. 
Mr. McLean offered an amendment re- 
uiring sixty days’ residence continuously 
n t 1e town before aman could vote, and 


8 


a 
ral 





‘sioners of Richmond county to pay certain 






sent forward two memo 
bill, which were read. $y 

The amendment was adop 
passed third reading. 

Bill to authorize the commissioners of — 
Wake county to levy a special tax, passed — 
third reading—ayes 34, noes1. 

House resolution asking the Chief Jus-— 
tice and the Associate Justices of the Su- 
preme Court to give the General Assembly — 
their opinion as to the day in March, 1883, on 
which the sixty days’ session, specified in 
section 28, article 2, of the constltution, will 
expire, came up for concurrence. 

Mr. Dortch said that this resolutio 
amounted to. asking the Supreme 
Court to say that we were entitled to pay 
for Sunday. It was not a matter of public 
interest. We were entitled to pay for sixty 
days, and if we did not get through it was _ 
the duty of every Senator here to remain 
longer, as was done (wo and four years ago. 
Any member unwilling to do this was un- 
worthy of his seat. e moved to table the 
resolution. It was tabled. 

Bill to establish a new township in the 
county of Ashe, passed third reading. 

Bill to establish a new township in Madi- 
son county, passed third reading. ‘ 

Bill to :provide for the levying and col- 
lection of taxes—the machinery act. Mr. — 
Alexander said the most material changes 

§ 















































et ee 


were that it made three assessors instead of 
one, and prevented the uses of public 
money for private purposes. 

,The finance committce offered amend- 
ments preventing the sheriffs and county 
treasurers from using the public money for 
private purposes. 

Mr. Pinnix suggested to consider the 
amendments ‘‘seriatim.”, This was done, 
the Senate amendments being considered 
fiist. These amendments, more or less, all 
applied to the sheriffs and the county treas- 
urers. Another amendment provides to 
indict that class of able bodied persons able . 
to work but won’t, and who won’t pay their — 
taxes, making it a misdemeanor to be fined 
double their tax and allowing them to work 
it out on the roads if they fail for six 
months after they are returned on the in- 
solvent lists, and an amendment from Mr. 
Womack to this, making the chairman of 
the board of the county commissioners a ~ 
prosecutor before the justice of the peace. 
These amendments excited much discus- — 
sion, Messrs. Linney and Watson advoca- 
ting them, and Messrs. McLean, Pinnix, 
Black and Richardson opposing them. 

Mr. McLean asked the ayes and nayson ~ 
them. Ordered—ayes 29}; noes 17, so the 
amendments were adopted. The bill then 
passed its third reading. ety 

Bill to repeal the local prohibition law 
certain localities and to prohibit the sal 
intoxicating liquors in certain othe cal 
ties (the omnibus bill ( dl 
ire f 



















G1 i a 







































| to amend section 1, chapter 232, laws 
passed third reading. 
‘in regard to the public schools in 
eigh township. Passed second reading 
es 37; nays none. 
il to authorize the establishment of 
d schools in the State. Passed second 
ding—ayes 31; nays 1. 
ill to authorize the chairman of the Fi- 
ce committee to administer oaths. 
assed third reading. 
Resolution from Mr. Dortch beginning 
ight sessions of the Senate was adopted. 
1 concerning the inspection of timber 
ilmington. Passed its second reading. 
1 to prevent the running .at large of 
stock in the county of New Hanover. 
assed its second reading. 
Mr. Scott, of New Hanover, moved to 
[ commit. 
Mr. Payne said that the motion of the 
senator from New Hanover to refer the bill 
‘to the committee on propositions and griev- 
ances evidently showed a purpose to an— 
fonize this bill. Such a course would 
york delay, and end in its defeat. He was 
ssured by large petitions received from 
dsmen of New Hanover, that the pas- 
sage of such a law was a necessity, and was 
manded by the people of that county. He 
oped the bill would pass fits second read- 


Mr. Scott, of New Hanover, asked the 
eas and nays. Ordered. 

Bill to incorporate the town of Wilson’s 
lactory, in Gaston county. Passed its third 
‘ading. ; 

ill to make appropriations for the In- 
Asylums. 

ir. Pemberton offered an amendment to 
trike Out section 5, being the appropria- 
to the Western Asylum at Morganton. 
an amendment to strike out $58,000 
sert $50,000. 

Lovill thought the first amendment 
not to prevail, but that the second 


yn motion of Mr. Hill, the bill was made 
jal order for 8 o’clock to-night. 

to appropriate enh dollars a year for 
enitentiary Sunday School passed third 
eading. 
Bill to emppower the sheriff of Forsyth 
collect arrears of taxes passed third 


1 to relieve the sureties of John Mc- 
ur, late treasurer of Duplin county 
sed third reading. 

ill to prohibit sale of liquor in five miles 
terson’s church, in Yancy county. 
directing county treasurer of Yancy 
to pay certain teachers. 

to amend concerning Wt. Vernon 
emy, passed its third reading. 

ill concerning the better drainage of 
s of epee Fork and Horse Pen 


ELT LETT MD ss eee MR aE UL era Sw pe 


At its Regular Session, 1883. 





205 

Mr. Scott, of Rockingham amended, to 
include Haw river, in Rockingham—ac- 
cepted, and the bill passed its third read- 


ing. P 
Bill to authorize the commissioners of 


Tyrrell to levy a special tax, passed its . 


third reading, ayes 38, nays 3. 

Bill to incorporate the Bank of Salisbury, 
passed third reading. 

Bill to. amend the Henderson and Ox- 
ford railroad, passed second reading ayes, 
38, nays 0. 

Bill relative to the treasurer of the eoun- 
ty of Cleveland, passed its third reading. 

Bill to change the county line between 
Granville and Warren counties, the effect of 
the bill is to put Vance back into Warren; 
the hour of recess until 7 o’clock to-night 
having arrived, the Senate adjourned. 

NIGHT SESSION. 

The bill in regard to the boundary line 
between Warren and Vance failed to pass— 
yeas 13, nays 33. 

Mr. Goodwyn introduced a bill for the 
establishment of a graded school in Halifax 
township, Halifax county. 

Bill making appropriation to the insane 
asylums came up, and was discussed at 
length. An amendment to reduce the 
amount for the completion of the asylum 
at Morganton from $35,000 per year to 
$25,000, was discussed by Messrs. Pember- 
ton, Boykin, Battle, Linney, Watson, Payne, 
Clarke, Webb, Womack, Pinnix. It was 
lost. The bill then passed—yeas 33, nays 8. 

Mr. Hill offered an amendment reducing 
the appropriation for the asylum at Raleigh 
from $58,000 to $50,000. Pending argn- 
ment, the Senate adjourned. 


HOUSE OF REPRESENTATIVES. 


House called to order, Speaker Rose in 
the chair. 

Prayer by Rev. Mr. Oberly. 

The reading of yesterday’s journal was 
dispensed with. ; 

PETITIONS AND MEMORIALS. 

From citizens of the State, asking a re- 
duction of the Hotel tax; from citizens of 
Columbus, asking the appointment of a jus- 
tice of the peace; from citizens of Vance 
county, asking the appointment of bonded 
weighers in the tobacco warehouses of 
said eounty; from citizens of Robeson, 
asking the appointment of a justice of the 
peace; from citizens of Peter’s Creek town- 
ship, Stokes county, for the appointment of 
a justice of the peace; from citizens of. 
Granville county, asking that tobacco 
weighers be appointed in the tobacco ware- 
houses; from land-owners of the 8th and 
9th townships of Craven county, protesting 
against the passage of a no-fence law. 

Resolutions concerning the charitable in- 
stitutions of the State. 

The gentlemen from Alamance and Pen- 


¥ 1 hg ) we) « v4 Redes \" + 


1. al rs Pie, 


_ 


PB, 





? 
yr 


vn, 


= 


A 










a: 


; 


a striking out $5 and insertin 
striking out $25 and inserting 
_ adding the words “‘itinerant medical prac- 

_ titioners.” 


der were granted leave of absence on ac- 
count of sickness. 


BILLS. 
To protect fish in Lane’s Creek in Anson 
and Union counties. 


To amend chapter 11, laws of 1871-72. 

To amend chapter 86, laws of 1870-71. 

For the completion and finishing of the 
Eastern North Carolina Insane Asylum at 
Goldsboro. 

To authorize certain school oiders in 
Northampton county to be paid. 

To fix the term of of standard-keeper. 

To compel the children of Pasquotank 


_ eounty, between six and fifteen years of age, 


to attend the public schools thereof. 

To submit toa majority of the justices 
of Bladen county the working of the roads 
in said county by taxation. 

To keep in repair the public roads in 
Yadkin county. 


To provide for the better government of | 


Edgecombe county by the election of of- 
oa by the qualified voters thereof. 

To incorporate the Carolina 
Railroad Company. 

The unfinished business of last night’s 
session was resumed, being the bill pro- 
viding for working the roads by taxation. 
_It passed second reading. 

Mr. Bailey, of Yecklenburg, explained 
his vote, saying he was opposed in general 
to keeping up the roads by taxation, , but as 
this was a purely local matter he ‘vould vote 
aye. 

The special order, in regard to the amend- 
ment of the charter of the city of Charlotte, 
was passed over informally. 


Central 


Act to change the time of holding the. 


courts of Nash and Wilson, in the third judi- 
cial district, passed third reading. 

The minority report in the matter of 
Parker against Peebles, from Northampton 
county, was introduced, read and made the 
_ special order for 12 m. to- day. 

To extend the time of organization of the 
Danbury Iron and Steel Company. 

Consolidation of the laws of North Caro- 
lina, special order for 11 o’clock Thursday. 

To consolidate the insurance laws of 
North Carolina. 


Special order—the contested election 


. ease from Northampton county—was post- 


poned until this evening at half-past seven 
o'clock. 
The House then went into committeee 


_ of the whole for the consideration of the 


bill to raise revenue, which was read by 


iy ‘sections. 


Amendment was made to section 23, by 
$15; by 
50, and by 


Section 25 (relating to the merchants’ 


tax) produced much debate, seyeral amend- 













ments thereto being offered look 
reduction of the tax. 

Mr. Myers favored the reduction. : 
unjust, onerous and burdensome, z 

Mr. Tate stated that the amount of reve! d 
nue raised unde this section amounted to — 
$30,000; the tax was alight one, the mer- — 
chants ’peing fully able to take care of 
th.mselves. If this tax is reduced he de- — 
sired to know upon what other articles it, 
would be placed. f 

Mr. Strudwick held similar views. The 
finance committee had done their duty 
well; we should beware how we interfere ~ 
with their recommendations. 

Mr. Lenoir favored the section as it was 
in the bill; the farmer makes but one profit 
on his crop ; the merchant repeatedly turns 
his profits over. 

Mr. Bailey, of Mecklenburg, spoke 
against the bill; it had the appearance of 
a double tax; could not vote for it as it 
now stands. 

During the discussion the hour of ad- | 
journment was announced; the committee : 

: 
. 
] 


, 


: 
4 
. 
4 


4 


arose and reported progress. 
Adjourned until seven and a half o’clock 
p. m. 
SENATE. 
NIGHT SESSION. : 
WEDNESDAY, Feb. 27. | 

Senate met at 7:30 p. m. ! 

The boundary line between Warren and ~ 
Vance coui.ties came up as unfinished — 
business. 

Mr. Womack thought the bill ought not 
to pass. He sketched off a map of War- 
ren and Vance and showed the jagged 
shape it would leave Vance to give back 
to Warren what was taken off. 

Mr. Battle said it was a simple matter of — 
justice to the people of this cut off who 
were forced into Vance against their votes 
and their wishes. As to the shape it would 
leave Vance he didn’t a that a matter 
worth much. ¢ 

» r. Womack asked the yeas and nays on — 
passage of the bill. Ordered—yeas 13, — 
nays 23; so the bill failed to pass second — 
reading. ; 

Mir. Goodwyn, bill to establish a raded i 
school in Halifax township, in alifa ia 
count. Mu 
Bill to enable the people of Cumberland — 
to establish a free bridge across the Cape — 
Fear river passed second reading—yeas 38, 
nays 1. 

Bill to incorporate the Southern Minin 
and Smelting Company. Passed thir 
reading. 

Bill for better drainage of certain lands in 
Lincoln county. Passed third reading. 

Bill making appropriations to the insané 
asylums came up as special order. P 

The first question was on the amen 
ments. oe 


















: 
j 
4 
















































_ Mr..Pemberton said he was willing to 
_ compromise on $25,000 for the asylum at 
_ # organton instead of $35,000. It cost more 
_ totakecare of the insane than any other 
people and it was only because of the 
_ extravagance of the officers of those insti- 
tutions. 
Mr. Boykin hoped this discussion would 
_ not be prolonged. se was glad to see the 
_ senator from Beaaley consenting to a com- 
_ promise in his own mind. About two 
o’clock to-day he was absolutely in favor 
_ of striking out the whole of the fifth sec- 
tion. 
Mr. Pemberton—Didn’t I‘say this morn- 
ing that I offered an amendment hoping to 
_ get some sort of a compromise out of you 
- asylum folks? ' 
5 r. Boykin—Yes, sir, I believe you did say 
- something of the kind, but you musn’t call 
_ me “asylum folks. [Laughter.] Mr. Boy 
kin then spoke to the bill, showing the de- 
_ mandsthat called for the appropriations, 
i giving the statistics of the insane in the 
ate, and saying that with two hundred 
_ additional patients on their hands, there 
_ was only two thousand dollars more appro- 
_ priation asked for in all than was given 
- in 1880-81. te said there were now 683 in- 
sane in the jails, poor houses and private 
families in the State. He said the asylum 
at Morganton would be over nine hundred 
_teet long when completed, three stories 
_ high with a basement, and all of brick and 
stone. 
, wr. Battle spoke in favor of the bill; he 
was not in favor of correcting the extrava- 
_ gances of the officers of the institutions, if 
_ such there were, at the expense of the com- 
_ fort of the inmates. 
_ Mr. Linney gave affecting instances of 
_ the ragged and bare-footed insane who 
were wandering homeless for the want of 
_ room in the asylums to take care of them; 
_ he knew one, old man Elijah Church, in his 
county, who only a few years ago, was in 
_ good circumstances, and held office. He 
had never heard the ~ least  suspi-— 
cion of anything wrong about the build- 
ing of the asylum at Morganton. 
Itis said, J r. President, that there isa 
chief justice of hell; if so, tohis heart and his 
alone can we appeal without any hope of 
success for aid in this matter. 
_ Mr. Watson helieved that the whole plan 
of this + organton Asylum was too expen- 
sive at the start. He argued that fifty 
thousand dollars would complete that build- 
ing. He said these appropriations were 
mostly asked for at night sessions. He re+ 
ferred in high compliment to Mr. Pember- 
tonas nearly always right, a sure and 
Steady stand-by, and styled him that good 
‘old moss-backed Senator from Stanley, who 
ugh he looks young is a hundred years 
ts 


a 


ig 


pi an THRO 2 ha eer es by) SAS a ee ee! Ngee: os 


At its Regular Session, 1888. 





7 


: “) see hs 


000 additional appropriation would com- 
plete that asylum. 

Mr. Boykin said it would. 

Mr. Clarke spoke in favor of ,the appro- 
priations. ® ; 


Mr. Pemberton again spoke to his amend- 
ment, saying he was as much a friend to — 
the poor insane as any man on this floor, 


but still he insisted that $25,000 a year 
would complete this asylum. 

Mr. Webb believed that the asylum should 
be finished, but these appropriations had 
been used in the canvass in his county and 
were made a party issue; it did seem to 
him that $25,000 a year ought to complete 
it. 

Mr. Womack thought Republican dema- 
gogues making it a party issue should have 
nothing to do with it, the builder should 
know how much was needed, there were 
bound to be over three million brick in it, 
and that of itself would be over twenty 
thousand dollars for the mere brickwork. 

Mr. Pinnix made a statement of the work 
as started by the Legislature of 1874~75. 

The previous question was called. 

Mr. Webb’s amendment to strike out 
$35,000 and insert $25,000 was voted on. 
Mr. Pemberton asked the yeas and nays. 
Ordered. Yeas 7, nays 33, so the amend- 
ment was not adopted. 

The question then came up on the amend- 
ment of Mr. Pemberton to strike out $58,- 
000 to the asylum here and make it $50,. 
000, and Mr. Dotson’s amendment to that 
to make it $45,000. Amendments voted 
down. : 

The question then came up on the bill. 

\r. Hill said he was not in favor of vo- 
ting for $210 a year for the support of each 
inmate, he voted no. . 

Mr. Ramsay said he had something to do 
with that asylum some years ago, and the 
cost was about then what it is now, $210 
a year for each inmate. He voted aye. 

Mr. Watson said there was too much the 
appearance of princely prodigality in the 
asylum here. He voted no. 


Mr. Evans said as he could not tell how ~ 
soon he might have to go there himself, he 
should vote for the appropriations. 

The vote stood: Ayes 33, noes 8, so the 
bill passed second reading. 


Mr. Hill offered an amendment that $58,- 
000 to the asylum here be struck out and 
$50,000 inserted. He spoke to the amend- 
ment, referring to the clouds of suspicion, 
as he had heard in the House, resting over 
the asylum here, and mentioned the price 
of butter at 20 cents a pound as a remarka- 
bly high price in his county. 

Yr. Purnell said he merely wished to rise 
to the question of butter; that even the 
butter you could purchase in Raleigh by the 
kit at 20 cents a pound was so rancid it 
could hardly be eaten. He said that Mr, 







:, 


Fates 


ee a Se en ee ee 


+ 


ee, + 


: 
“4 


208 


Thompson, the steward, was the peer of 
ee in the State. 

r. Watson argued that the vouchers of 
she asylum here bad not been examined, 


and that they should be seen into before 


this appropriation wes made. He wanted 
to know if the asylum had been buying 
from any firm of which any of its officers 


- were members. 


Just here the hour of ten arriving, the 


appropriation bill for the Deaf and ute 


Asylum was made the special order for to- 
morrow night, and the Senate adjourned. 


HOUSE OF REPRESENTATIVES. 
NIGHT SESSION. 
Turspay, February 27. 

The special order, the Parker-Peebles 
election case, was taken up. 

The majority report of the committee on 
privileges and elections was submitted by 
Mr. McLoud. 

Mr. McLoud made a few well-conceived 
remarks, giving a history of the labors of 
the committee. They entered upon their 
duties fully impressed with the importance 
of the case with a bias nevertheless natural 
to party men, but determined as men of 
honor and integrity to do full justice to 
both parties. After a long session and par- 
tial investigation the committee came to 
their conclusion. The contestee was given 
{every opportunity to introduce any testi- 
mony he might desire bearing on his case. 
The majority were anxious and hoped for 
some evidence that would enable them to 
make a different’ report. There was no 
Witness to show that any voter had been 
deterred from voting as he elected. No 
convincing evidence upon that point. The 
committee were satisfied on this point. 
Nothing but an overruling sense of duty 
actuated the committee in arriving at their 
verdict. In conclusion Mr. McLoud said 
he was reminded of the sto y of the girl 
who got ahead of the little boy at school in 
spelling the word which he missed. After 
school the little Miss apologized and said: 
“Tam sorry I spelled the word because I 
love you so.” And such was the case with 
him. He was sorry he had to spell the 
word; his feelings towards “r. Peebles 
were of the kindest nature possible; he re- 
garded him as one of the most useful mem- 
bers of this House, and would part with 





_ him with great regret. 


The minority report of the committee 
was submitted by Mr. Simmons. 
Mr. Simmons said: We are now trying 


- one of the most important election cases 





_ known in the history of our State. 


Its im- 
‘portance consists in its novelty, for it pre- 
sents features which have never Yeen adju- 


dicated by any General Assembly in’ this 


State within my knowledge, and its novel 
feature is the one of fraud and violence, 
but more on that further on. 





Ly 


Proceedings of the General Assembly of North Carolina, ba 


This is important, not to the parties 
themselves alone, but as I have before said, 
to the State of North Carolina, and more 
especially important to the people of North- 
ampton county. 

Now, if I have the proper idea of what 
we are to do inthis matter, it is to ascertain 
to which of these suitors (and I will call 
them such) belongs this office or property, 
and in calling it property, lam sustained by 
the Supreme Court of our State in the case 
of Hoke vs. Henderson; there they have de- 
cided that an office is property, and the 
holder has a right of property therein. In 
the report offered by the majority of the 
committee, they admit in express words, 
that if they had been governed by the same 
rules of evidence observed, and which have 
been established in courts of justice in the 
trial of title to property for hundreds of 
years, Contestant Parker offered no evi- 
dence or piece of evidence which was ad- 
missible. And if this is property, and our 
Supreme Court is right in deciding and 
calling it such, and to that I presume no 
man will except, then the committee did 
wrong in admitting the evidence, which the 
rainority claim and hold is incompetent. It 
is wrong to admit the evidence (which will 
be more fully discussed further on) for the 
reason that there ought to be,and is only one 
set of rules for the trial of title to property. 

The evidence offered by the contestant 
was certified copies of the returns 
of the election at Thomas’ _ store, 
Harding’s store and at Rich Square, certi- 
fied to both by the clerk and Register of 
Deeds of Northampton county. Now in 
1876-77 our legislature passed an act which 
required the canvassing boards to deliver 
the original returns to the clerk to be filed 
in his office and abstracts to be recorded; 
section 29, chapter 275. There is nolaw to 
be found in any of our books where it re- 
quires the original returns to be reeorded 
or where it says they are filed as recorded, 
and copies: from these recorded abstracts or 
from the original connot be admitted in 
evidence, for the reason that there is an ex- 
press rule of law, which excludes secon- 
dary evidence unless the primary or best 
evidence is accounted for. Under this rule 
at common law a copy of no written in- 
strument could be given in evidence unless 
the orignal was destroyed or could not be 
obtained, and this fact made known to the 
court. It will not be denied that these 
originals, from which these certificates were 
made, could not have been obtained. 
Theirtabsence is not accounted for, which 
would be required at common law, and, in 
addition to this,our Supreme court has time 
and again decided that a copy of no instru- 
ment, not required by law to be registered, 
can be offered in evidence. This position 
is sustained by Garland vs. Goodloe, 2nd 
Haywood, Yarboro vs. Beard, Taylor's 


hi 














































Petisamett vs. Thom pson,i3th Ire dell, 
ett vs. Thompson, 3rd_ Jones; these 
rinals are not required by law to be reg- 
ed, and that being true, nothing is bet- 
r established than their admissibility as 
idence. At Bradley’s store no returns 
ere made, but the contestant obtained the 
riginal in this instance with a transcript 
from the board of commissioners for the 
gunty of Northampton establishing Brad- 
s store precinct; but offered no trans- 
pt of said board that the parties, whose 
ames appear in said returns, to show that 
w were authorized by law to hold such 
election. Therefore nothing appearing to the 
ommittee that they had authority, exczpt 
simple transcript establishing the poll- 
ing precinct, and no returns to “the board 
rt having been made, from which not 
n the certified copy upon which the con- 
testant has throughout relied could be 
made; it should not be admitted, over the 
vote counted. 
) yr. Speaker, let us see if there is any 
moral or equitable ground or reason why 
these rules of practice, old as the hills, 
should be broken down, and this testimony 
admitted. It wasin evidence, and strong 
enough too, for the minority; that at every 
polling precinct mentioned in contestant’s 
complaint, there was an organized force to 
natch and examine tickets. This was pro- 
ren to beso at every box on the day of elec- 
It was proven that on the day of 
Jection at each precinct, those who 
Wished to vote for Peebles were, at the bal- 
ot box threatened and prevented; personal 
Beletice was threatened; telling them 
hat they (these watchers) would shoot 
hem; and one of these ticket-snatchers was 
poll holder himself. A sad commentary 
lections. Now, in addition to this per- 
al harm threatened and offered them at 
polls on the day of election, there was 
ganized force employed to canvass 
scare the ignorant—and I will say in- 
ent—colored people, by telling them, 
if Capt. Peebles was elected 
would be again placed back into 
wery, and the whipping-post established 


stern North Carolina long enough, it is 
it should be stopped ; it is time to 


f carrying the election must be reed. 

ut this way of taking advantage of the 
‘a. t negro, who has not the adv tage 
education is at an end, and that 
America a man has a right to vote 
self. We, who live in the East, can 
See the necessity of ending this cor- 
mn on the part of corrupt Republicans, 
ds not the evidence offered in this 
vince us, because it is a corrup- 
d that we oufselves have seen 
jay 0 lection. A better 


)) This thing has gone on, Mr. Speaker, in, 


At its Regular Session, 1883. 








opportunity will never present itself toa 


North Carolina Legislature to set the seal 
of its condemnation and disapprobation 


upon such a mode of procedure, and thereby — 
teach these unprincipled Republicans that — 
such conduct will not be tolerated by any ~ 


decent and honest people. 

Mr. 
years ago our fathers declared the thirteen 
original colonies to be a free government; 
to sustain that “declaration,” it cost many 
lives of the truest patriots ‘that ever lived, 


but they succeeded, and by that victory we 


were made a free people; by that victory 
we had guaranteed to us the right of choos- 
ing our representatives in office. All these 
gifts were alike guaranteed to all, and to- 
day these belong to every American citizen. 

This is a grand, glorious and great gov- 
ernment, ani, Mr. Speaker, its grandeur, 
glory, an its greatness, depend upon 
maintaining the purity of the ballot-box 
end the freedom of the elective franchise. 

Now, in conelusion, I will say I hope no 
North Carolina Legislature will, as you are 
asked to do in the majority report, override 
these well established rules of evidence, 
which are hoary with age, for the purpose 
of turning out a tried and true Democrat, 
and in his place seating a Republican who 
was elected by fraud, “by threatening and 
scaring ignorant negroes to vote against 
their own wishes, and who himself took a 
part in such disgraceful conduct. 

I have discharged my duty to the Legis- 
latuie in this matter, and though an ardu- 
ous task, still a pleasant one, tor to work 
in a cause that I know to be right, as 1 am 
sure this is, does Bok make my labor irk- 
some. 

I feel, too, Mr. (nee that I have dis- 
charged my ‘duty to the good people and 
Democrats of Northampton county, and to 
the honorable gentleman representing them, 
whom I have learned to love for the man, 
and to admire for his ability, whose useful- 
ness to North Carolina in this Legislature 
isincalculable, and to whose speeches for 
sound State policy and for pure Demoeratic 
doctrine I have listened with inexpressible 
pleasure. 

r. Peebles’ remarks have been received 
and will appear in a day or two. 

On the resolution of the minority of the 
committee, that Mr. Peebles was entitled to 

othe seat, the vote was: Yeas 16, nays 88. 

On the resolution of the majority, that 
Parker was entitled to the seat, the vote 
was: Yeas 88, nays 14. 

Mr. Parker came forward, qualified and 
took his seat. 





Speaker, more than one hundred — 














210 
SENATE. 
FORTY-NINTH DAY. 
Wepnespay, Feb. 28, 1883. 
The Senate was. called to order at 10 
o'clock. 


Prayer by Rev. Dr. Skinner. 
PHTITIONS. 

Mr. King, of Pitt, from citizens asking 
for convict labor to drain swamp lands in 
Pitt county. 

Yr. Caho, from citizens of Lenoir county, 
asking for a stock law. 

BILLS. 

Mr. Toon, to amend section 1, chapter 
150, laws of 1881, relative to the entry of 
land in Columbus county belonging to the 
literary board. 

Mr. Caho, making an alternative method 
of constructing and keeping in repair the 
publicroads for Forsyth, applicable to the 
State at large. 

Mr. Graham, to amend the charter of the 
town of Troy, in * ontgomery county. 

Mir. Berry, to amend the law relative to 
the appointment of trustees. 

“ir. Caho, supplemental to the act to pre- 
vent live stock from running at large in the 
counties of Green and Lenoir, also bill to 
providefor the removal of causes in the 
inferior courts, and regulating the proceed 
ings therein. 

Mr. Dortch; for the relief of the Berg - 
man Manufacturing Company. 

“ir. Toon, to establish a:graded school in 
Shoe Heel township, in Robeson county. 

THE INSANE ASYLUMS. 

Bill making appropriations to the insane 
asylums of the State came up as unfinished 
buiness of last night. 

Mr. Boykin called the previous question. 


“ty, Hill’s amend nent to strike out $58,- . 


000 and insert $50,000 was voted down. 

The bill passed third reading. 

Bill to enable the people of Cumberland 
county to establish a free bridge over the 
Cape Fear river passed third reading—yeas 
36, nays 0. 

There was a Senate amendment provid- 
ing a mortgage on the bridge until it was 
paid for and the bill was returned to the 
House for concurrence. 

Mr. Goodwyn moved to reconsider the 
vote by which the bill concerning Warren 
and Vance failed to pass its second reading 
yesterday. Reconsidered. 

Mr. Alexander sent forward a substitute. 
He said as this measure was of very great 
importance, particularly to that portion of 
Warren affected by the new county, be 
would like the Senate to hear the reasons 
for passing this substitute ; and as many of 
the people of Warren were present in the 
matter he had the bill referred to a commit- 
tee that they might be heard on it this 
evening. 

Bill to authorize the commissioners of 


Proceedings of the General Assembly of North Carolina, ne 2} “ 








"ie 


Tyrrell county to levy a Pps tax, Pas 
its third reading. Yeas 80, nays none. — 

Bill to authorize the estavlishment of 
graded schools in the State. 

Mr. Pemberton explained the objects of 
this bill, saying it was intended to meet 
the wants of the cities and towns that had— 
no graded schools. The bill provides that 
100 tax-paying citizens, one-fourth of whom 
shall be freeholders, may petition the board 
of commissioners, who may order el€ction. — 
It, provides for election of trustees of 
such schools, and limits special assessments — 
to one-fourth of one per cent. and seventy- 
five cents on poll. 

The bill passed its third reading. Yeas 
28, nays none. 

Bill concerning the inspection of timber 
in the cit) of Wilmington Passed its third 
reading. This was Mr. Boykin’s bill. 

NINE CONGRESSIONAL DISTRIOTS. 

The President announced that the hour 
of 11a. m. for the special order had arrived, ~ 
it being the bill to divide the State into — 
nine Congrersional districts. Passed its ~ 
third reading. 

Bill to amend the charter of the Oxford 
and Hendersun Railroad Company, (The 
chair said before the vote was announced 
that it would fail for want of a quorum 
unless the Senators paid more attention, 
and voted when their names were called.) 
passed its third reading. Yeas 28, nays 3. 

INJURIZS “BY OARS. 

Bill to prevent negligence about railroad — 
cars, and to protect persons from injuries 
by the cars. 

“ry. Linney explained that under the bill, — 
idle and mischievous perso:s, boys, &ec., — 
who should hang around a train of cars, on 
the platform, &c., after once forbidden 
could be fined $10 before a justice of the 
peace. 

Mr. Jones read the police section in the 
Code for railroads, and thought that was — 
amply sufficient. ‘ 

vr. Toon thought it an eminently proper 
bill. In his village a young man was ruined 
forJife just in that way. 

vr. Battle said, for the committee, that — 
they were unanimously in favor of it. 

Mr. Loftin thought, too, it should pass, — 
if for nothing more than to keep off these — 
little street Arabs. ' 

Mr. Webb saw no reason for not giving % 
the relief asked for. He thought it a capi- 
tal bill. 

Bill pagsed third reading. 

Ww, N. 0. BR. RB. t 

Bill for the sale of the State’s interest in 
the Western North Caralina Railroad. ’ 

Mr. Morehead said he saw no chance for — 
adjourning next’ Monday; that this was a 
very important bill, and moved it be 
printed, including the report of the com- 

































mittee. So ordered, sit 
Bill to incorporate the town of Ashbo 
A 













































passed second reading—yeas 734, noes 1. 
Bill relating to the public schools in Ra- 
leigh township, passed third reading—yeas 
37, nays 0. 

Bill to incorporate Black Mountain Rail 

way Company. Passed third reading. 
Bill to create the office of Railroad Com- 
» missioners and for other purposes. [Some 
- Senators —‘‘Pass it over informally.” Mr. 
_ Pinnix—Mr. Presijent, I move to make it 
special order for Friday at 12 o’clock. | 

Mr. Watson said there was a bill in the 
House for the same and if we passed this 

they would not pass that. 

+r. Alexander said he was opposed to 
throwing the responsibility on the House 
to pass a bill. This was a short bill and 
could be soon read. 
' Mr. Pinnix’s motion to make the bill 
special order for Friday at 12 o’clock, pre- 
» vailed. Thisis Yr. Pemberton’s bill. 

Bill to protect the rice plantations of 
Eagle Island in Brunswick county. Passed 
third reading. 

Bill to repeal the local prohibition law in 
the town of Rutherfordton. 

Mr. Eaves said the people in that terri- 
_ tory wanted the law repealed. Pe 1.ad pe- 
titions. 

-r. Webb said he held petitions from 
some of the best citizens of that town and 
» he knew that they did not want the law 
' repealed. He knew that the Senator from 
_ Rutherford had petitions, and some eight 
or ten names of good citizens, but the most 
of the petitions were from the liberal free- 
_ whisky Republicans, who of course wanted 
» thelaw repealed. - 
| Mtr. Eaves replied, saying it was astrictly 

prohibition fight in his county, and if the 
» Senator from Cleaveland could stand it he 
' could; but he wanted the yeas and nays 
_ from this Senate on the passage of the bill. 
Ordered. 

A Senator asked for the report of the 
committee. The Clerk replied that the bill 
was reported unfavorably. 

The previous question was called. The 
vote stood, yeas 18, nays 21, so the bill 
_ failed to pass second reading. 

_. Bill to establish a graded school in the 
_ town of Kinston, in Lenoir county, passed 
- second reading, yeas 32, nays 0. 

CONFEDERATE SOLDIERS. 
yr. Loftin’s bill, entitling Confederate 
soldiers to the benefit of the act passed, 
giving those of them who had Iost eyes, 
- hands or feet, $5 a month from the date the 
act was ratified in 1879, passed third read- 
ing. 

Resolution in favor of Alfred Williams & 
| Co., passed third reading. 
bill supplemental to act at present ses- 
‘sion making February and August terms 
exclusively for trial of civil causes, allowing 
deliveries at these terms, passed third 
ading. 


At its Regular Session, 1888 


. 





211 


Bill to prohibit the sale of liquor in cer- 
tain places in Randolph county, passed its 
third reading. 

Bill to establigh a graded road in the 
counties of ilkes and Ashe, passedits 
second reading, ayes 34, nays 0. 

THE STATE GUARD. 

Bill for the encouragement and support 
of the State Guard. [Mr. Dorteh’s bill.] 
Authorizes the Governor to pay $150 a year 
to each active company; not to exceed 25 
co panies in the State; the Adjutant Gen- 
eral to be appointed by the Governor; and 
gives him a salary of six hundred dollars. 

Vr. Dortch, at the request of the Senator 
from burke, explained the objects of the 
pill. The money paid to the companies 
was to provide them anarmory. “ir. Dortch 
said unless these gentlemen.received some- 
thing they would be bound to disband. 

Mr. Alexander hoped the bill would pass; 
the appropriation was much less than in 
any other State; these companies were the 
conservators of the peace; he referred to the 
great service rendered when the Plymouth 
riot took place, and one of the men (it was 
terrible weather) ruined his health, and it 
had taken allhis estate in attempting to re- 
cover his health. 

Mr. Clarke spoke in favor of the bill. 

Mr. Watson said we used to have the old 
militia system that required much greater 
expenditure than this bill asked. He had 
seen the military company of his own town 
quell a great riot simply by turning out and 
without firing a gun. 

Mr. Webb earnestly supported the bill 
and spoke of the necessity of the appropri- 
ation. 

Mr. Lovill opposed the bil]; the appropri- 
ation would be over four thonsand dollars, 
and was almost useless. 

Mr. Purnell offered an amendment to 
make more colonels. Voted down. 

Previous question called. 

Mr. Graham asked the yeas and nays. 

Mr. Ebbs said he was satisfied the peo- 
ple of his county didn’t want this bill; the 
sheriffs and constables attended to such 
matters up his way. 

Mr. Linney was opposed to arming both 
races. 

Mr. Carter didn’t want to fight; if there 
was trouble he wanted the Governor tv call 
out somebody else than himself; he should 
support the bill. 

wr. Mebane said the colored people were 
a quiet people; he saw no necessity for the 
bill as far as his race was concerned; he 
should vote no. 

Vote stood—yeas 19, nays 17; so the bill 
passed second reading and then passed 
third reading. 

bill to amend the charter of the town of 
Greenville, in Pitt county. Passed second 
reading—yeas 28, nays 0. 

Bill to authorize the commissioners of 








i 
a 
’ 
¥ 
o 
ra 
+ 


“ 





212 


Richmond county to pay certain school 
orders. Passed third reading. 

Bill to extend the time for the organiza- 
tion of the Danbury Iron and Steel Yanu- 
facturing ‘ ompany, passed third reading. 

Bill to amend section 2, chapter 337, laws 
of 1879: Modifies the law relative to 
freights. Passed third reading. 

Bill to authorize the board of public 
buildings to appoint the keeper of the capi- 
tol, and the trustees of the State library to 
appoint the State Librarian, passed third 
reading. 

Bill to incorporate the Southern Bonanza 
Gold Mining Company, of North Carolina, 
passed third reading. 

Bill as to conditional sales, requiring they 
shall be in writing and registered as mort- 
gages, passed third reading. 

Bill to drain the lowlands of Middle Fork 
and Muddy Creek, in Forsyth, passed third 
reading. 

Bill supplemental to an act to amend 
chapter 83, Battle’s Revisal, concerning 
oysters in Core and Bogue Sounds, in Car- 
teret County, passed third reading. 

Fill to throw the State lands into the 
Beard of Education, so that they could sell 
them, passed third reading. 

Bill to secure creditors a just division of 
the estates of debtors; substitute from the 
committee adopted, and the bill passed 
third reading. j 

Mr. Purnell said vhe bill was to cure the 
evil of assigning to irresponsible assignees. 

Bill to allow John Green and Samuel 
Fines, of New Hanover county, to redeem 
land sold for taxes, passed, third reading. 

Bill to amend the law so as to have pro- 


hibition for Mt. Pleasant church in Green ; 


township in Guilford county, passed third 
reading’ ‘ 
AGAINST FREE PASSES. 


Mr. Dortch’s bill against allowing free 
passes came up. Many Senators notified the 
Chair of amendments. 

Mr. Morehead offered an amendment to 
strike out section 1. 

Mr. Scott, of New Hanover, moved to 
table the bill. He did not believe in throw- 
ing away time. 

-r. Dortch asked the ayes and noes on 
that motion. 

Mr. Watson amended that if an officer 
or agent of a railroad shall violate 
the provisions of this act, the company 
represented shall also be guilty of a misde- 
meanor and on conviction be fined at the 
discretion of the court; the fine and costs 


_ to be enforced by an execution against the 


“property of such company. Also to strike 
out section 6; and also that this act shall be 


in force from and after its ratification. 


vr, Watson spoke at some length in 


i “earnest advocacy of the bill; he thought if 
- it passed that the Senator from Wayne 















kee or 

would prove himself a great benefactor 
purifying the politicsof the State. 
Mr. Dortch asked the ayes and noes on 4 
Mr. Vorehead’s amendment. Ordered. Ayes 
25, noes 16; so the amendment to strike out _ 
section 1 was adopted. i 
Mr. Cozart offered an amendment that 4 
the act should apply to all editors except — 
the editors of religious newspapers. 42 
Mr. Linney took the floor and was speak- 
ing in favor of the bill when the hour for 
adjournment arrived, 2 o’clock, at which 
hour the Senate the other day resolved 
unanimously that recess should be taken 
every day until seven at night. 


HOUSE OF REPRESENTATIVES. 
Wepnespay, February 28. 

The House was called to order by 
Speaker Rose. 

Prayer by Rev. Dr. Skinner. 

q PETITIONS. 

Wr. Sherrill, from citizens of Catawba 
conte against the change in the, fish 
aw. 

Mr. Poe, from citizens of Leasburg town- 
ship, in Caswell county, asking the appoint- 
ment of certain justices of the peace. ; 
ee Cheek, to change the limits of Chapel 
Ait. 


F 





RESOLUTIONS. 

Mr. Johnson, of Johnston, concerning the 
board of agriculture. 

Mr. Marsh, to pay the commissioners ap- 
pointed to sell State’s interest in the ‘ ape 
Fear and Yadkin Valley Railroad. 

BILLS. 

Mr. Forbis, to change the name of Bruce 
township, in Guilford county, to Summer- 
field township. 

Mr. Lenoir, to aid in the construction of 
aroad in Watauga county. 

Mr. Cheek, to extend the corporate limits 
of the town of Chapel Hill, Orange county. 


Mr. Sutton, to allow the citizens of 
Chowan county to elect their county 
officers. 


“yr. Powers, of Cumberland, to change 
the time for holding the Superior Courts of 
the fourth judicial district. 

Ma. Newby, to enable the qualified voters 
of Pasquotank county to elect all county 
and township officers. ‘ 

Mr. Page, of Jones, to empower the 
proper authorities of Jones county toassign 
hands to work on Trent river in said county. 

Mr. Williamson, to establish a public 
ferry across Waccamaw river, in Columbus 
county, near Piraway. : 

Mr. Phillips, for the free passage of fish 
in Dan River. 








CALENDAR. 

Upon motion, the bill to-amend chapter 
58, laws of 1870-71 and ’79, was taken up 
and passed its several readings; also the bill 
to consolidate the insurance laws of North 
Carolina. ee 





\ 









































_ To authorize the commissioners of Swain 
county to build a court house, passed sec- 
nd reading. 


of Rowan, passed third reading. 
_ To establish a graded schoolin the town 
of Edenton, passed third reading. 
For the benefit of the farmers of Caswell 
‘county, failed to pass second reading. 
RAILROAD OOMMISSION. 
- An act, to create a railroad commission 
was taken up. A great many amendments 
were offered, and pending their discussion 
the hour for the second special order occur- 
red, and the further consideration of this bill 
was dispensed with to take up the second 
special order, bill for the revision and con- 
‘solidation of the public and general acts of 
North Carolinag known as the Code. 
On motion this was postponed until 7:30, 
‘and the Housc resumed the discussion of 
‘the railroad comniission bill. 
_ Mr. Overman, in support of the bill :ntro- 
duced by him, said that he desired to see 
‘this.commission established, with power to 
‘regulate freight charges and passenger 
Yates. It was the most important bill be- 
for this Legislature. He had no hostility 
‘towards the railroads; would do nothing to 
cripple them. We have been releiving 
railroads all this session, and not one single 
act have we passed for the good of the 
‘people; this evil would stand between the 
people and the railroad. There was a de- 
mand for this regulation of freights. 
_ Twenty-three States have organized a com- 
' mission of this character. If there is any 
_ doubt about this body having the power to 
enforce the provisions of this act, let it be 
assed and submitted to the opinion of the 
jupreme court. It was well known that 
/ most of the lawyers of this State agree in 
| Opinion that we have the right to regulate 
the charges for freights by railroads char- 
tered prior to 1868. 
_ Mr. Forbis moved tolay upon the table, and 
take up the minority report of the joint 
ommittee of the Senate and House. The 
motion prevailed, and Mr. Forbis offered 
mendments which, if adopted he had assur- 
ances from Senat rs would pass that 
body. 
| The amendments provigle for the election 
| of the commissioners for two years instead 
of four years ; make changes in rates when 
deemed necessary. The salaries of com- 
| missioners and clerk are $1,500 each. Both 
tical parties are to be represented in the 
mmission (commission to meet once a 
onth.) 
r, Tate offered a substitute, which he 
id had been submitted to some of the 
blest lawyers in the State. There was no 
oubt as to the power of the Legislature to 
‘enforce the provisions of this bill. His 
ute is as follows: 


| 





At its Regular Session, 1883. ‘ 


To create a new tuwnship in the county } 








213 


AOT TO FIX MAXIMUM OHARGES FOR THE 
TRANSPORTATION OF PASSENGERS AND 
FREIGHT ON RAILROADS AND TO APPOINT A 
COMMISSION. 

Section 1. Makes it unlawful for any cor- 
poration or persons operating a railroad in 
this State, or partly in this State and partly 
in another State, by itself, agents, etc., to 
charge or receive a greater rate of fare for 
transporting passengers than is hi reinafter 
esta»lished, provided the passenger shall 
purchase a ticket before entering the train 
and the ticket office shall be kept open for 
the sale of tickets for thirty minutes before 
the departure of each train carrying passen- 
gers, three cents per mile. Provides that 
ten per centum may be added to this rate 
for superior accommodations. q 

Sec. 2. Not lawful for any company to 
unjustly discriminate against any city or 
town on its line in this State by establish- 
ing arate on freights to or from such town 
greater than is charged for like freight for 
a longer distance in the same direction. 
Provided, the commissioners may make ex- 
ceptions under rules to be established by 
them if deemed needful. Provided further, 
that nothing in this act shall apply to pas- 
sengers or freights carried from points out- 
side this State through the same points be- 
yond its borders, whether shipments be made 
by railroad or by railroad and water, ex- 
cept the tax of one mill per mile upon pas- 
sengers which is’ hereinafter provided. 

Sec. 3. The commissioners to consult with 
authorities of railroads doing business in 
this State, and agree upon a uniform classi- 
fication of freights as nearly as may be 
without injury to any local interest. 

Sec. 4. Three commissioners to be ap- 
pointed by the Legislature. to serve four 
years. Their office shail be open at all 
times; to receive complaints, to adjust all, 
claims for damages, overcharges, loss &c. 
differences between transportation com- 
panies which may ve referred to them; 
shall keep a record of their proceedings, 
make semi-annual reports to the Governor 
and make such recommendations as their 
observation may suggest; shall go at least 
quarterly over the various roads; to ac- 
quaint themselves with the condition of 
the roads, bridges &c., and report on the 
same to the chief officer of each road shall 
receive no fee from any company for any 
service nor shall they hold any office 
“from, in, or by any of such transportation 
companies.” 

Sec. 5. For defraying the expenses of 
the commission there shall be collected from 
the companies doing business in this State, 
one mill per mile of and from every person 
transported over any railroad in the State 
(except employees); every railroad 
company to make monthly reports of such 
taxes collected and transmit to the Treasur- 


. er of the State, who is to keep the same in 





214 


-aseparate account for the purpose of de- 
fraying the cost of the commission. 

Sec. 6. Salary of the commissioners 
$2,100; of the clerks $1200. Reasonable 
allowance for office rent, stationery, postage 
&c., but not to exceed $600. 

Sec. 7. First day of everv year the 
Treasurer, after paying expenses of com- 
mission, to turn into general fund the 
balance of passenger tax and open new ac- 
count for the next current year. 

Mr. Robins supported the substitute; 
legislation on this subjeet was demanded; 
this substitute would meet the wants of the 
people. : 

The substitute was then read by sections. 
Amendment by Mr. Bower: s rike out 4 
and insert 2 in line 8, section 4. 

Mr. Hayes: no person interested in any 
railroad, or any attorney for any railroad. 
or any member of the Legislature, shall be 
enable to a place upon the commission. 

ending discussion the House adjourned. 


SENATE. 





NIGHT SESSION. 





§ February 28. 
Senate met at 7:30. . 
Bill against free passes came up as ur- 
- finished business of this morning. 
_ Mr. Watson’s was the first amendment 
. pending. There was another amendment 
of Mr. Watson’s making it unlawful for 
any legislative, judicial or e» ecutive officer, 
etc., to receive a pass. 

Mr. Payne sent forward a substitute to 
strike out ull after the enacting clause and 
sert: That hereafter all judges of the Su- 
preme and Superior Courts in this State, 
solicitors, State officers and members of the 
General Assembly shall in addition to thcir 
oath of office take the following: I do 
solemnly swear that I will not receive any 
gift, gratuity or free pass over any railroad, 
steamboat, etc., etc. 

vir. Linney contiued his speech of this 
morning in behalf of the bill. He believed 
he would favor Vir. Payne’s substitute, he 
wanted hereafter to find no judge on the 
bench with a free pass in his pocket. 

i Mr. Toon considered the bill an assault 
onthe virtue, honesty and patriotism of the 
_ best citizens in the State—the leaders in 
society and politics. But he blamed no 
man if he felt himself weak enough to be 
influenced by a railroad pass for voting for 
sucha bill. So far as a Senator’s constitu- 
__ ents can trust him he may be able’ to trust 
himself. ~ The title of the bill ought to be 
_ changed to that of an ‘act for the benefit of 
_ railroads and their attorneys”—he consider- 
ed it as demagoguery in an endeavor to de- 
_ grade the people who sent us here. It 
seemed to him a humiliating confession that 
‘every man had his price.” 
_ Mr. Dortch said it was generally charged 




























Proce dings of the General Assembly 


Pek 


ai 3 rsa ne Xs 


y aa. 
of North Carolin 


throughout the United States, and b 
by a great many persons, and he was 
who believed that railroad monopolies 
governing this country. He never wanted 
to see North Carolina controlled and cor- 
rupted again by railroads as she was in 
1868. He believed every judge on the 
bench in North Carolina was pure now, and 
every member of the Legislature thc same, — 
and now let us keep them pure. Keep 
them above suspicion. Pass this bill 
and they willbe above suspicion. “It was 
not a mere compliment to the Legislature, 
the free passes, for do they continue any 
longer than the sessions last? He did not 
believe they were given with a corrupt mo- 
tive by the railroads; their officers he 
thought, were too much of gentlemen for 
that, but then the mere having of a pass 
caused a better feeling towards the road. — 
Don’t let it be said that a convention was 
held in Raleigh, Greensboro or any where 
else, and have it said the railroads controll-_ 
ed it because they gave every man a free 
pass to come to it. ‘ 
-r. Pemberton said when this bill first 






































came up, he _ thought of Thomas_ 
Jefferson on his rat-tail pony, and 
longed for the old days to come 


back again. He knew that on Fridays and 
Saturdays these chambers were emptied, — 
but he was like the Senator from Wayne, — 
he didn’t mean a charge against any one, 
for this Legislature was above reproach, but 
he didn’t want future Legislatures to come — 
here riding on free passes. It seemed that — 
the people wanted a railroad commission, 
but this Senate had sat down on that, and — 
now they were against free passes; he hoped 
the Senate wouldn’t sit down on that. 

r. Payne said he had offered his substi- 
tute as the most conservative to reach the 
evils complained of. 

“yr, Battle spoke in support of the bill. 

Mr. Toon thought while it might be 
proper for this Senate to say for itself that — 
it would not accept passes, we had no right — 
to go outside and impugn the motives of — 
any one by forbidding them to receive 
such. / ; 

Mr. Watson said that which this morn- 
ing seemed to be a joke, if we judged b: 
the vo e, had growp to be a very serious | 
matter. He told of Lord Bacon whom th 
people of England made an example of 
for receiving presents and having 4 rail— 
road pass in his pocket, and after that there 
was no more receiving of presents by the 
English Judges. But this bill was not 
meant as a reflection upon any one. He 
‘‘nlayed” on the railroad ticket to the men 
bers ‘‘Good for sixty days.” He would say 
to the railroad companies, ‘‘Away with 
your compliments! Wait till I have no 
power to do you good or injury, and ther 
Pll appreciate your compliments.” 
_ Mr. Pinnix said he should have said notk 
















g unless tie subject of railroad commis- 
sion had come up. He had a pass in his 
pocket, as he reckoned they all had, and 
still he had been the advocate of a minority 
report; that was the only bill worth a cent 
for restraining these railroads, and some of 
hese men who were now pitching into the 
ree passes were the very men who voted 
against a railroad commission. 
“Here a pleasant colloquy took place be- 
tween Mr. Pinnix and Mr. Pemberton, the 
former asking if Mr. P. had not spoken 
against the railroad commission, and the 
latter replying that he had only said that 
the commission was everything for itself 
_ and nothing for the people, and that he had 
a substitute for a commission which em- 
braced his ideas. 
_. Mr. Boykin said. that the only question 
4 involved i in this bill was free pass ; he called 
_ the previous question. 
_ Mr. Watson’s amendment to make any 
- man receiving a free pass indictable, came 
' up. The yeas and nays were called. The 
' vote was taken. 
_ Mr. Evans said he had done about as lit- 
tle riding on a free pass as any Senator on 
_ this floor. He voted no. 
' Ayes 23, noes 20, so the amendment was 
- adopted. 
_ Mr. Watson’s amendment as to misde- 
-meanor on railroads for granting such 
_ passes, on vote. 
__ Mr. Caho asked for the ayes and noes. 
' Ordered. Ayes 19, noes 22. 
' Mr. Watson’s amendment that this act 
- shall be in force from and after its ratifica- 
tion. 
Mr. Strayhorn asked the ayes and noes. 
_ Ordered. The vote was taken. 
_ yr. Jones said he believed this bill ought 
_toapply to this Legislature, therefore he 
4 " voted aye. 
_ Ayes 37, noes 6, so the amendment was 
_ adopted. 
_ Mr. Cozart said he would withdraw his 
' amendment as to editcrs; it was only a 
_ joke. 
The Senate objected to withdrawing. [It 
Beccompts religious editors. ] 
Mr. Strayhorn asked the ayes and noes. 
_ Ordered. The vote was called. 
___r. Watson said as he did not wish to 
_ load down this bill and kill it, he would 
vote no. 
Di Mr. Hill said as he doubted the constitu- 
tionality of forbidding editors, he should 
france his vote from y yea to nay. 
r 
press was as much influenced byt free passes 
| as the Legislature he should vote aye. 
Mr. Jones said as he desired to change 
é secular papers and make them religious 
hould vote aye. 
“yr. Hvans said if the gentleman who of- 
red that amendment would assure him 
he did not have a free pass in his 




































At its mate Be 1883. 





Strayhorn said believing that the 





pocket at the time, he believed he would 


vote for it. 

Mr. Cozart said he had one, and Mr. 
Evans said he would vote no. 

The vote stood yeas 30, nays 12, so the 
amendment was adopted. 


On the amendment not to apply the act jue 
to any president or superintendent of rail-— 
road,company, the yeas and nays were 


called—yeas 12, nays 28, so the amendment 
was lost. 

Mr. Jones’ amendment not to contribute 
money for the use of any political party 
was adopted. 

Mr. Mebane’s amendment that all mem- 
bers of this General Assembly who have 
used such passes shall render them up to 
the President of the Senate, and pay over 
to the different corporations the amount of 
traveling they have done on them this ses- 
sion in money. 

The yeas and nays were called; which re- 
sulted as follows: Yeas 35, nays 6. So 
the amendment was adopted. 

The question was then on Mr. Payne’s 
substitute. Voted down. 

The question then came on the bill on its 
second reading. 

Mr. Strayhorn asked the yeas and nays. 
Ordered. 

Several Senators explained their votes. 

Mr. Alexander said as it included editors, 
and he thought they had no right to do so 
he should vote no. 

Mr. Caho said as he was an editor himself 
he should vote ‘ye. 


Mr. Evans said regarding the bill as an | 


impeachment of the honor of this Legisla- 
ture, he should vote no. 


M™. Webb said. he was opposed to the — 
bill at the start, he could but regard it asa 


reflection on the members of this Senate. 

Two or three others explained, who, in 
the hurry and confusion of the moment, the 
reporter could not catch. 

The vote stood : 
bill passed second reading. 

“r. Caho offered an amendment that no 


vehicle should give any person a free ride’ 


going to or coming from an election, or any 
political or public occasion, or in any way. 

Mr. Watson objected that it was not ger- 
mane. 

The chair held it was. 

Ayes and noes called. The vote stood: 
Ayes 15, noes 24, so the ‘amendment was 
not 1 adopted. @ 

. Webb’s amendment that the act shall 
ae to all county commissioners in the 
various counties in the State. 

Mr. Vebane’s amendment, also to magis- 
trates and ministers of the gospel. 

Adjourned. 


215 





Ayes 34, noes 12, so the f 





a 


Pros 


Pc lee 


i 


Am 
a 





P HOUSE OF REPRESENTATIVES. 
NIGHT SESSION. 

Tuourspay, February 28th, 1883. 
_ The House met at 7:30 o’clok. 
To incorporate the tewn of Smithfield, 
_ passed its second reading. 
Act to incorporate the town of Conover, 
in Catawba county, passed its third read- 











‘ing. 

"Po amend the charter of the town of 
Asheville, passed its third reading, aud 
was sent to the Senate without engross- 
ment. 

To incorporate the town of Arden, in 
_ Buncombe county, passed its third read- 


ing. 

ee Bo allow the commissioners of Lenoir 
- eounty to levy atax to build:a br dge, 
passed its third reading. 

_ y,. Simmons, by request, introduced an 
act to amend and consolidate the acts incor- 
_ porating the town of Lumberton, passed its 
third reading. 

ie - To incorporate the town of Harrellsville, 





in Hertford county. 

To empower and authorize the commis- 
" sioners of Rockingham county to levy a 
_ Special tax. 

An act commendatory of and supple- 
mental to an act to prevent live stock from 
_ Yunning at large in the counties of Greene 
_ and Lenoir, passed its third reading. 

To establish the township of Roanoke, in 
_ Halifax county. 

_ Thebill brought out a great deal of dis- 
cussion, participated in by Messrs. Baker, 
_ Hayes and Powers, of Cumberland, in op- 
position to, and by Messrs. Bailey, Barrett 
and Worthington in favor of. The ayes 
and nays were ordered; a great number of 
_ explanations ot votes were offered, and the 
_ pill failed to pass its second reading. 
Tn relation to the fees of sheriffs. Special 
order for to-morrow. 
_ fo authorize the commissioners of Vance 
county to levy a special tax. 

Mr Eaton desired to represent the ma- 
jority of his county irrespective of party; 
_ had posted himself in regard to the wishes 
td of his people on this matter, and was satis- 


‘ fied they were opposed to the measure. 


Passed its third reading. 
, Act to liquidate the debt of the county of 
- Biaden, Passed its third reading. 

Bill in relation to the fees of Superior 
Court clerks. Made special order for to- 
- morrow.® 
To change the corporate limits of the 
wn of Jacksonville, in Onslow county. 
Passed its second reading. 
_ To incorporate the ——— toll bridge, in 
Catawba county. Passed its third reading. 
_ To incorporate the Tar River Transpor- 
tation Company. Passed its third reading. 
_ To establish a graded school in Lumber- 
ton school district, No. 70, in the county of 
obeson. 

ie 


































fo} 


greus oa fe eee ge ee a ee Se Sees Pee si fi) Tie) ib 2 x. 


Proceedings of the General Assembly of North Ce na, 













































Serlal 


Tata 
To prohibit the use of nets and set down 
seines or placing fish traps in the waters of — 
Masonboro and ‘/yrtle Grove Sounds,in New 
Hanover county. Passed its second read- 
ing. 
Act to regulate and repair the public — 
bridges in Onslow county. Passed its third — 
reading. a 

To alter the line between Caldwell and 
Wilkes counties. 

‘ r. Bryan said this takes off a portion of 
Wilkes and attaches it toCaldwell. He had 
heard from his people about it. Only one 
person living in the bounds given to Cald- 
well had signified to him that he desired the 
change. 

The bill was referred to the committee 
on propositions and grievances. * 

Relating to graded schools in Guilford 
county. Second reading. 

To incorporate the Statesville and Ca- 
tawba Toll Bridge. Third reading. 

To prevent the felling of timber and trees 
in Helso and Cole Swamp, in Duplin 
county. Third reading. : 

To authorize the commissioners of Bun- 
combe and Henderson counties to finish 
the Spartanburg Railroad, passed third 
reading. 

To amend chapter 234, public laws of 
1881, and to amend chapter 81, private laws 
of 1873-74. Second reading. 

To authorize the commissioners of Per- 
son county to subscribe to the Roxboro 
Railroad, passed second reading. 

In reference to the town of Wilmington, 
passed third readinz. 

.Mr. Forbis moved the suspension of the 
rules that he might make a motion to extend 
the hour of adjournment to 11 o’clock to- 
night. 

The rules were suspended and the motion — 
prevailed. 

Act to incorporate the Yadkin Falls Man- 
ufacturing Company, county of Stanly, 
passed third reading. 

To secure the better drainage of the low- 
lands of Fry creek, Davidson county, passed 
third reading. 

Act to establish a mortuary table, passed 
third reading. 

To incorporate the town of Woodlawn, 
in Catawba county, passed third reading. 

To.amend chapter 19, private laws of — 
1881, passed third reading. 

To extend the corporate limits of the 
town of Windsor, in Bertie county. Com- — 
mittee on corporations. 1 

To incorporate the village of Leonsburg, 
Hyde county, passed second reading. = — 

To change the charter of the townof ~ 
Edenton. Referred. ‘A 

Mr. Sutton: The bill to change the char- 
ter of the town of Edenton, was introdyced — 
by some one, I know not who, but I am 
sure the people do not want the change 
It will be a great injustice to the p 


bs 








« 
2 


Station in Wake county. 


ethe honor to represent to eer: the 
charter of Edenton without their consent. 
_ Ihave nct seen a petition nor a letter from 
any one asking for the change. 

‘0 incorporate the Cashie and Chowan 
es and Lumber Co Third reading. 


Concerning the duties of the mayor and 


_ board of aldermen of the city of Goldsboro. 


___ Toincorporate Central Institute for young 
ladies. 


Third reading., 
To prevent the felling of trees in Grant’s 


- Creek, Rowan county. 


__ To incorporate the town of Garner’s 
. Second reading. 

To provide for the working of the Wil- 
mington and Wh‘teville road.in Columbus 


county. Third reading. 


f 


D 
, 












For the improvement of the streets of 
Raleigh. Second reading. [The provis- 
ions of this bill have already been published 
in the News AND OBSERVER. ] 

To incorporate Big American Reduction 
Company. Third reading. 

To improve the streets and sewers of 
Greensboro. Second reading. 

To incoporate Mt. Holly Manufacturing 
Company in Gaston county. Third read- 
ing. 
To incorporate the N. C. Central Railway 
Brisinpany. Special order. Referred to in 
ternal improvement committee with the re- 
quest to report to-morrow night. 

Concerning the manufacturing of brandy 

n “Mitchell county. Third reading. 

To annex a portion of the county of 
Jackson to Swain county. 

Resolution by Mr. Williams, of Granville, 
to allow clerical assistance far th engross— 
ing clerk. . 

To annex a portion of Jackson county to 
Swain,pending which the House adjourned. 


SENATE. 


FIFTIETH DAY. 
Tuourspay, VYarch 1. 
Senate called to order at 10 o’clock. 
Prayer by Rev. Dr. Atkinson. 
PETITIONS. 
“yr. Clarke, from the citizens of the cut— 


off portion of Warren, protesting against 


any change. 

wr. + ebane, from certain citizens. of 
_ Windsor and vicinity against the extension 

of charter. 

__ Mr. Womack, of citizens of Vance, ask- 
ing against dismemberment. 
Mr. Clarke, from the Warren portion of 
Vance asking to be let alone. 

Mr. Jones, from Warren portion of 
Bpvence, protesting against being put back in 
_ Warren. 

Mr. Clarke, from certain citizens of 
ven, asking to be allowed the use. of 


- Watson, of the citizens of Vance, 
againg | See herent 


- 


see oben Lie 
Lind CaM oa Hoste ‘ 
TOMI Se NCR OM RR Cl: ae me Ler Naty 










BILLS. ; 

Mr. Watson, bill to amend the charter of 
the town of Winston. ! 

Mr. Caho, resolution on adjournment, — 
fixing the day on Saturday, March 10th oa ‘ 
12m. cg 

Mr. Ebbs, bill to prohibit liquor in two 
miles of Forks of Ivey and Pleasant Gap — 
churches, in Buncombe and Madison coun- 
ties. 

FREE PASSES. ¢ 

Bill against free passes came up as the. 
unfinished business of last night. 

Mr. Caho wished to indefinitely postpone | 
a- it was trifling legislation. 

Mr. Dortch did not regard it as trifling 
legislation, some of the amendments 
adopted were trifling, but the cream of the - 
bill was still in it. . 

ae previous question was called fm 

Webb’s amendment that this act : 
ous apply to all the county commission- — 
ers in the State was on vote. . 

Mr Dortech asked the yeas and nays. Or- 4 
dered. The vote stood, yeas 22, nays 24, 
so the amendment was not adopted. mt 

*r. Toon’s amendment to strike out sec- — 
tion 4, as to making it unlawful to give any ~ 
person money to pay his way to political — _ 
conventions, &c. ’ 4 

\lr. Doztch asked the yeas and nays. Or- 
dered—yeas 11, nays 26, so it was not 
adopted. ; 

Mr. Caho’s amendment applying the act 
to hotels, that give free entertainments to ; 


3 





political conventions on public occasions of 
any kind_ 

Mr. * orehead raised the point that this 
was not germane to the bill. The Chair so 
held it. 

The question then was on the passage of 
the bill on which the ayes and nays were 

called. 

The vote stood, ayes 27, nays 17. 

Several Senators explained their votes. | 
Mr. Watson saying he was glad one branch © 
of this Assembly had put itself right 
voted aye. Mr. Caho, saying he was op- 
posed to the bill per se, voted nay: and ~ 
Mr. Evans, saying, ‘‘Mr. President, I vote © 
no becauseI regard this bill and all its — 
amendments as nothing, more than a 
bumcombe arce.’ Ma 

DEAF, DUMB AND BLIND INSTITUTIONS. 

The bill for the appropriation to the deaf 4 
dumb and blind asylum—substitute from — 
the committee adopted. Mr. Pinnix spoke : 
for the substitute as chairman of the joint 
committee, showed the necessity for 
the appropriation, and the bill passed its — 
third reading. 

The Senate concurred in the engrossed — 
House amendments to the bill to consoli- 
date the insurance laws of North Carolina. 

Bill to create a nev township in Rowan — 
county by the name of Steele tow % 
passed its third reading. ‘i 


d 





ee Fa 


eal ee 


218 


Bill to amend the charter of the town of 
Durham. Passed its second reading. Yeas 
82, nays none. 

Bill to incorporate Ashboro in Randolph 
county. Passed its third reading. Yeas 
34, nays none. 

Bill to establish graded schools in the 
town of Kinston, in Lenoir county. Passed 
its third reading. Yeas 29, nays none. 

Bill to amend the charter of Greenville, 
in Pitt county. Passed its third reading. 
Yeas 36, nays none. 

ROANOKE NAVIGATION COMPANY. 

Bill to promote the objects of the Roan- 
oke Navigation and Water Power Company, 
which gives the company the use of the 
waters in said river, (Wm. Mahone and 
others being the incorporators.) 

Mr. Scott said the amendment offered by 
the Senator from Forsyth provided that the 
stock of the county should be exempt 
from taxation. Am opposed to this. We 
have refused to give exactly* this exemp- 
tion to other co.npanies. Why do anymore 
for this company than for others? Besides 
the friends of the measure did not have this 
provision in their bill when it was pre- 
sented, and as it passed the House. If Sen- 
ators think stock in manufacturing com- 
panies should be exempt from taxation, 
pass a law applying to all companies, and do 
not injure other companies by discrimina 
ting in favor of this one. I offeran amend 
ment to strike out that part of the pending 
amendmend which exempts the stock of 
the company from taxation. 

Mr. Battle supported the bill and the 
amendment of the Senator from Forsyth. 

Mr. Alexander favored the judiciary 
amendment. He was opposed to Wr. Wat- 
son’s amendment. 

Mr. Watson’s position on the bill was to 
tax the property and not the shares. 

Mr. Goodwyn did not want the water in- 
terfered with. He wished them to have all 
the water they could use. 

Mr. Womack advocated ‘'r. 
amendments. 

Mr. Caho did not want the company to 
use the water to the injury of others, and 
his amendments were to that end. 

Mr. Morehead read from the acts of 1812, 
and showed that the purchasers bought only 
certain rights of navigation, and not of 
manufacturing. j 

Mr. Watson’s amendments as a substitute 


Watson’s 


for the committee’s amendments were 
adopted. 
Mr. : aho’s amendment not to divert the 


course of the river to the injury of the mills 
on the Northampton side was adopted. 

Che bill then passed third reading. 

Bill for the relief of the creditors of the 
former town of Fayetteville and for other 
purposes. Mr. Boykin explained the na- 
ture of the bill, and stated that with one 
exception the terms of the bil! as he was in- 


Proceedings of the General Assembly of North Carolina, ba | 


.formed had been agreed upon. Bill pas 








pie, | hy ais 
















second reading, yeas 30, nays 1. cm *: 

Bill for the benefit of the farmers of 
Gray’s Creek township, in Cumberland — 
county. Mr. Boykin explained that the - 
bill was satisfactory to the committee, and 
it passed third reading. ' 

Bill to provide a great seal for the State, 
&e., passed third reading. 

Biil to authorize the county commis- — 
sicners of \ ecklenburg to elect a physician 
for the poor, passed third reading. ; 

Bill to incorporate the Tar River Trans- 
portation Company, passed third reading. ~ 

Bill to authorize the commissioners of 
Caldwell county to offer a booty for the 
killing of all predatory animals—amend. 
ments adopted and the bill passed third 
reading. 

Bill to incorporate the Weldon and Garys- 
burg Road, Bridge and Ferry Company. 
Mr. Goodwyn explained the bill and it 
passed third reading. 

Bill to establish a graded school in Shoe 
eel township in Robeson county. Amend- — 
ments adopted and the bill passed third 
reading. 

vill for the relief of the Bergman man- — 
ufacturing company. 

The company had authorized its agent to — 
take out license and he had failed. The — 
company acted under the idea ue had done _ 
so; they had since paid all finesand wished ~ 
to be relieved of so much of them as goto — 
the State. The agent appeared before the — 
committee and acknowledged it was his — 
fault. . 

Mr. Strayhorn said if this bill passed you ~ 
could relieve any man who violated the 
Jaw. It was the drummer’s business to | 
have the license in hand. A drummer told 
him on the train the other day that he had 
traveled with six drummers, not one of 
whom had his license. 

Mr. Clarke spoke in favor of the bill. 

Bill failed to pass second reading. 

Bill to establish a ferry across Toe river, 
in itchelland Yancey co/.nties., Passed 
third reading. 

Bill to incorporate the town of Maiden in 
Catawba county. Passed second reading— 
ayes 34; nays none. ‘ 

Bill to incorporate “ots amp Ground 
in Catawba county. Passed third reading. 

Bill to prohibit liquor in three miles of 
Burnsville, in Yancey county. Passed its 
third reading. 

Bill to amend the law changing the title 
of an incorporation, striking out ‘‘Gold 
Mining” and inserting the word ‘‘Invest- 
ment.” Passed its third reading. 

Bill supplemental to an act to incorporate 
the Newton Cotton Mills, in Catawba. 
Passed its third reading. 

i i]l to authorize the payment of school — 
orders in Swain county. Passed its third 
reading. j ¥ 

egy 
















y 


i Bin to incorporate Enochsville, in Rowan 
‘county. Passed its third reading. } 
Bill to provide for the erection of an iron 
fence around the Caswell monument at 
nston. 

_ Mr. Loftin explained that the $500 appro- 
-priated by the last session for the monu- 

_ ment the people of Kinston were satisfied 

was not enough for a monument toso great 

aman, and so witha “Caswell fu.d” “they 
raised among themselves over six hundred 
more dollars. It was agreat State’s day, the 

unveiting of the monument; Vance made a 

' speech, &c.; he with others loaned the as- 

- sociation 8175, ratherthan see the occasion 

' fail. He hal presented this claim before 

the committee and they had refused to 

b _ honor it; he wanted this $175 returned and 

_ $325 more, so as for the whole to go to put- 

_ ting an iron fence around the monument. 

ia Mr. Boykin supported the bill and hoped 

_ it would pass. 

' Mr. Webb, as chairman of the. finance 
‘committee, thought the five hundred dol- 
lars given by the State was enough. 

vr. Caho hoped the bill would pass. 

Bill passed its third reading. 

__ Mr. Linney’s bill to amend chapter 94, 
laws of 1881, so as to allow a vote in north 

F Tredetl for a stock law, passed its third read- 
ing. 

‘ { wr. 

trates. 

_ Bill to equalize the school fund of Ruth- 

erford county, passed its third reading. 

[The committee had reported against it. ] 
Bill to establish graded schools in Tarboro 

township, in Edgecombe. 

Mr. Gray offered an amendment that in 

all cases where the father of any child shall 

e white the taxes shall go to the colored 

- school. and when such father have chil- 

dren of both colors the tax shall be divided 

_ between the white and colored schools pro 
' rata in proportion to the number of each. 
He asked the ayes and noes. 

_ The Senate refused. The amendment 

' was voted down and the bill passed second 

ie reading—ayes 32, nays 1. 

Bill to amend chapter 165, laws 1877, 

” passed third reading. 

Bill to amend the law preventing live 
tock from running at large in the counties 
f Green and Lenoir, passed third reading. 
_ Bill to amend the laws relating to Rich- 
ond College, in the town of Rockingham, 
assed third reading. 

Senate went into executive session at 

60 p- m. 


Morriswn, bill concerning magis- 





















NIGHT SESSION. 

The following bills passed their third 
ading : Incorporating Mt. St. Joseph 
demy; incorporating the town of Frank- 
llowing Greene and Lenoir to vote on 
: stock law; to prevent unsuccessful con- 
nts ‘for seats in the Legislature from 
iV per eee mileage. 





aa Ns tawin Sein, 1883. 





Wea ta ad aien 2 ced 


Bill in regard to the county of Vance, to 
allow the people to vote on the question of — 


abolishing the county, came up, and caused 
a long debate. Speeches were 


pA iM a At UR RUS La Ln 


219 





made by — 


Messrs. J ones, Cozart, Loftin, Caho, Evans _ 


and Pemberton. 
bill was tabled, yeas 24, nays 16. 


Bill extending aid for the drainage of © 
swamp lands in Duplin and Bladen caused ~ 


much discussion. 
An amendment that bill not go into effect 
unless the title of the Board of Education 


to 44,000 acres of land is undisputed, was — 


adopted. The bill passed second readin 
yeas 32, nays 7, and then passed third cea 
ing. 


law was taken up. An amendment, in- 
cluding Caswell, was adopted. The bill 
passed second reading, yeas 26, nays 11, 
and then passed third reading. 

HOUSE OF REPRESENTATIVES. 

House met at 10 a.m. Prayer by Rey. 
Dr. Atkinson. 

PETITIONS. 

Mr. Reid, from citizens of Gaston zounty 
in regard to fish law. 

Mr. Poe, from citizens of Dan River 
township, in Caswell county, asking the 
appointment of a justice of the peace. 

Mr. Phillips, from citizens of Yadkin 
townshi>, Stokes county, asking appoint- 
ment of justice of the peace. 

By same, from citizens of Stokes and 
Surry in regard to prohibition. 

Mr. Poe, “from citizens of Pelham town- 
ship, Caswell county, asking appointment 
of certain justices. 

Mr. Bridgers, from citizens of township 
No. 10, Edgecombe county, asking for ap- 
pointment of certain magistrates. 

Mr. Simmons, to establish a graded. 
school in Washington, N. C. 

Mr. Holt, to amend section 1, chapter 91, 
laws of 1879. 

Mr. Williamson, to protect owners of 
stock killed by railroad companies in 
North Carolina. 

Mr. Bennett, to amend section 3, chap- 
ter 193, laws of 1879. 

Mr. Simmons, by request, to prevent live 
stock fiom running at large in Caswell 
county. 

By same, to give twelve days for working 
the public roads of Beaufort county. 

Mr. Worthington, to amend section 19, 
chapter 200, laws of 1881. 

Mr. McAllister, to authorize the town of 
Concord to issue bonds. 

Mr. Green, of New Hanover, to amend 
the law prescribing the duties of coroners. 


RAILROAD OOMMISSION. 


The bill to create a railroad commission 


was taken up, 
The substitute offered Dy Mr. Tate being 


ig 


A vote being taken, the 


Bill to allow Wake to vote on the stock — 





220 


announced, to which Mr. Hayes, of Lenoir, 
offered an amendment. 

Mr, Powers, of Cleaveland, offered one to 
strike ouffany member of the General As- 
sembly. 

‘.r. Powers, of Cumberland, opposed 
this; hoped it would be voted down. 

Mr. Bailey, of \ ecklenburg, favored the 
amendment. It was very proper, and 
should pass. 

»r. Sutton wanted to know why mem- 
bers of this Assembly were disqualified 
from holding positions on the commission 
if they should be elected thereto. Did not 
think a man here had committed a crime, 
and if he had done so, had not been 
caught. ~ 

~y. Rose. opposed the amendment; had 
no friends he wished to place upon the 
board. The adoption of this amendment 
of the gentleman from S'vain would be be 
stigma upon this Assembly. It was also 
unconstitutional. How can this Legisla- 
ture say that members of this Assembly 
cannot hold positions of commissioner of 
railroads? Any manentitled to vote can 
hold office. Gov. Vance was holding the 
office of Governor when he was elected to 
the Senate of the United States. 

Mr. Power, of Cumberland Has not this 
body a right'to say who shall sit upon this 
commission ? 

Mr. R se—No, sir; this Assembly cannot 
disqualify any member from holding 
office. 

r. Hayes, of Swain, would not with- 
draw his amendment; had made no thrust 
at this Legislature; had acted without any 
bias; was not for creating office for them- 
selves; came here to work for the interest 
of the people. 

Mr. McLoud—This was a proper amend- 
ment; constitution or no constitution we 
ought not to legislate in such a manner as 
would create suspicion. ereferred to the 
damaging scenes of two years ago upon the 
judgeship matter. Throughja decent re- 
spect for themselves the amendment should 
be adopted. 

Mr. Harris, of Wake, opposed the amend- 
ment; was not willing to say that the 170 
members of this Legislature had so be- 
meaned themselves as to disqualify them 
from taking a place on this commission. 

After the gentleman from Cleveland offer- 
ed his amendment Mr. Forbis rose and said 
that he did not wish to cut off debate 
or throttle any discussion that would throw 
light on the subject under consideration, 
but fearing that the numerous amendments 
that were being offered would defeat the 
whole matter, and the General Assembly 
would adjourn without passipg a Railroad 
Commiss.on bill, he rose for the purpose 
of calling the previous question. Before 
calling the previous question he said that 
as an humbJe member of the House he for 


Proce: dings of the General Assembly of North Carolina, «i ’ 








v 
H 


one was very anxious to pass a comm 
bill, and that he stood on the floor to s 
the alarm against the bill offered as a sub. 
stitute by the gentleman from Burke to thy 
bill which he had the honor to introduce. 
"e said the substitute had been shot in ¢ 
the:spur of the moment, and that it wou ad 
not be satisfactory to the people or accom- 
plish the purpose for which it was created, 
and he for one would vote against the sub 
stitute, for it did not give the commission 
sufficient power to protect the people 
The substitute was a railroad bill or at lee 
it would favor the railroads and be more 
oppressive on the people that the railroads 
without any commiss’on were. He said 
he hoped the substitute with all its amend- 
ments would be voted down, and that the 
bill introduced by himself contained 
the idea of the minority report of the joint 
committee, and was the fruit of two months 
deliberation of that committee on all the 
bills that had been introduced in both 
Houses before them. He hoped that the 
bill introduced by himself would pass, and 
he called the previous question. 4 
The vote was taken upon the amendment 
of Vr. Powers, which was lost. 
Mr. Hayes’ amendment, that no person 
who owns an interest in any railroad, or 
any one that is an attorney forany railroad 
corporation, or any member of the Legisla- 
ture, shall be eligible for the office, was 
then put to a vote and failed to pass. 
The question was next upon the amend- 
ment of “r. Hayes, of Robeson, that the 
commission shall not be composed wholly of 
one political party. The vote was taken 
and it failed to pass. 
While the bill was under discussion, 
the hour for the special order was an- 
nounced. 

































THE CODE. 


The revision and consolidation of the 
general laws of N. C., known as the Code, 
was taken up gn its third reading. 

The chapter in the Code relating to 
county government, brought on considera- 
ble debate. ; 

Mr. Hayes of Robeson, moved to strike 
out all of that portion of chapter 28 relat- 
ing to the election of county commission-— 
ers by the justices of the peace, being sec- 
tion 1,094. Rejected. Ayes 47, nays 68. 
Bill then passed third reading, ayes 70, nays 
44. 


On the passage of the Code, Vr. Bullock 
said: ‘In explaining my vote I wish to” 
say that I regard the passage of this bill to” 
codify the laws of our State of great im- 
portance to all of our people. cannot 
afford to retard such legislation—although 
I am opposed to the present system of 
county government and the stock laws as 
set forth in this bill and with this reserva- 
tion I vote for the bill. } 


ig 


eepaien 


Second special order, bill to revise and 
c nsolidate the public school laws. 
Upon the consideration of this bill, the 
House went into committee of the whole, 
(fr. Worthington in the chair, and the bill 
3 read by sections. 
Mr. McAlister moved to amend section 4, 
e 3, by striking out the word ‘‘shall” and 
ert ‘‘may”; also in line 12 strike out 
all”? and insert ‘‘may”; and at end of 
‘section add ‘‘or may abolish the office in 
that county.” 
By Mr. Bower, strike out ip section 47 
the word “‘three” in line 3, and insert 
“two”; also amend said section by striking 


ae 
1, 


' out the proviso and insert ‘Provided, that 


his salary shall not exceed $100 per an- 
num.” 
_ Mr. Glenn, add to section 4, ‘‘Provided, 
- when a vacancy occurs in office of county 
superintendent the school committee of 
the district shall be empowered to employ 
and dismiss teachers during the vacancy, 
determine their pay subject to approval 
of the county board of education; treasn— 
rer of the county to pay teacher so em- 
ployed upon presentation of his certificate 
properly approved.” 
_ Mr. Page, to strike out all of section 4 
after the figures 19, in line one of said sec- 
ion. 
' The debate on these ‘amendments occu- 
pied the House until the hour of adjourn- 
ment. 
* SENATE. 
q NIGHT SESSION. 
TuursDAy, Yarch 1. 

_ Bill to incorporate the Trustees of 
Mt. St. Joseph Academy. Passed its third 
reading. 
_ The engrossed House amendments to the 
pill for the better protection of landlords 
were concurred in. 

Bill to incorporate the town of Franklin. 
Passed its third reading. 
Bill to amend section 1, chapter 24, laws 
-1881. Passed its third reading. 
_ Bill to amend the law relating to the 
churches in Hyde county. Passed its third 


=] 


_ reading. 


| 


: 


_ Bill supplemental to an act to prevent the 
‘Tunning at large of live stock in Greene and 
Lenoir, passed its third reading, a portion 
Wayne being included. 
Bill to prevent unsuccessful contestants 
fore the Legislature from receiving mile- 
e and per diem. Passed its third reading. 
_ Billto repeal laws regarding the new 
county of Vance, leaving it to the vote of 
the people in August to abolish the county 
not, as they choose, came up. 
ssrs. Cozart, Loftin, Jones and Caho 
e.)) ’ ; 
motion was made to table. 
2 vote stood: Yeas 24, nays 16. So 
n to table prevailed. 


Session, 1883. 





Mr. Purnell, bill to be entitled ‘an “act to 
provide for the payment of a judgme 


against the State in favor of M. Clement. 
Bill to aid in the drainage of swamp lands 


in Duplin and Pender counties. 
Mr. Hill spoke in support oflie’ bill. 
“tr. Boykin also supported the bill. 


Mr. Pemberton said the committee on z 


education had had this bill under, consider- 
ation for several weeks. ‘ 
Mr. Strayhorn said ‘the committee was 


e 


willing to allow the use of convict laboron 


this work, but money was asked, so the 
committee decided to report the bill with 
out prejudice. : 
My. Hill supported the bill. 
Mr. Loftin spoke in support of the bill. 
Mr. Dortch favored the bill. 
’r. Pemberton opposed the measure. 


Mr. Caho spoke earnestly in support of — 


the bill. 

“yr. Costner sent forward an amendment 
that this act shall not go into effect unless 
the State Board of Education shall ascer-— 
tain that the State has an absolute and un- 
disputed title to 44,000 acres of land lying 
in the district of country referred to “in this 
act. 

The amendment was accepted. 

ks r. Ramsay said he was afraid of this 
bill. 


yeas and nays ordered. The vote stood— 
yeas 32, nays 7; so the bill passed second 


reading, and then passed third irate: a 
ake 


Bill to allow certain persons in 
county to have the stock law if they cum- 
plied with certain provisions, was taken up 

Mr. Loftin opposed the bill. 

Mr. Purnell also opposed it. 

Mr. Evans offered an amendment that 
the bill apply to the county of Caswell. 


Mr Loftin offered an amendment, first 


leaving it to the vote of the people. 
The previous question was ordered. 


The yeas and nays were orderedon Mr. 
Evans’ amendment—yeas 24, nays 3; so 


the amendment was adopted. 
Mr. Loftin’s amendment was defeated. 


The previous question was called and the — 


The yeas and nays were called on the 


second reading of the bill. The vot 
stood—yeas 26, days 11; so the bill passed 
second reading and then passed third read- 
ing. 


HOUSE OF REPRESENTATIVES. 


EVENING SESSION. 
Tuursvay, Mar. 1. 
Fouse met at 7 o’clock. 
The rules were suspended and the act to 
raise revenue taken up. 
The House went into committee of the 
whole (Mr. Glenn in the chair) and pro- 


ceed to the consideration of this bill by — 


sections. 


aie: 
Ok OES te 





222 


AMENDMENTS. 

By “r. Anderson, to strike out lines 7, 8, 
9 and 10 and insert ‘‘which shall be acounted 
for to the treasurer and incrue to the bene- 
fit of the educational fund.” Lost. 

Mr. Robins,after ‘‘manufacturing,” in sec- 
tion 25, line 32, insert, ‘‘or any person sell- 
ing spiritous liquors in quantities of a quart 
or more, manufactured; from his farm.” 
Lost. 

Mr. Robins, to amend sec 34, after‘‘man- 
ufacture” in line 25 insert ‘‘or any person 
selling spirituous liquors in quantities of a 
quart « or more manufactured from his own 
farm.” Lost. 

Wr. Sherrill, an amendment to section 47. 
After the words ‘‘one dollar” in first line 
strike out the remainder of the sentence. 
Adopted. 

“r. Tate, that the blank in section two 
be filled with the figures ‘‘84.” Adopted. 
The bill as a whole was adopted; the com- 
mittee rose and recommended the adoption 
of the bill with amendments. The bill 
passed second reading. 

Act to change the charter of the town of 
Edenton was introduced and put upon the 
calendar. 

Bill to incorporate the town ef Smith- 
field, in Johnson county. 

Pending the reading of this the House 
adjourned. 

{Norm.—“'r. Reade, of Person, in ex- 
plaining his vote on county government in 
the Code, said that he was very much in 
favor of the people electing all of their offi- 
cers, but the Legislature had refused to al- 
low them to do so, and he would not hinder 
the passage of the Code by encouraging any 
amendment. | 


SENATE. 





FIFTY-FIRST DAY. 
Fripay, March 2. 

The Senate was called to order at 10 
o’clock. 

PETITIONS. 

Mr. Webb, from citizens and merchants 
of Shelby, Cleaveland county, asking that 
the merchants’ tax be repealed. 

Mr. Carter, of certain citizens of the cut- 


off portion in Vance, protesting against 
dismemberment. 
Mir. Farmer, from citizens of Vance 


county, against any change of county. 

Mr. Graham, of citizens of “ontgomery 
county, asking a ferry on the Great Pee 
Dee. 

BILLS. 

Mr. Lovill, to amend section 1,984 of the 
Code. 

Mr. Graham, to establish a ferry on Great 
Pee Dee. (By request.) 

Mr. Clarke, to amend chapter 54, laws of 
1873-74. 


Proceedings of the General Assembly of North C 













“r. Purnell, to relieve the tax-payer 
bid county. fy 
, Black, to amend various acts | or- 
poenttle the town of Rockingham, Rich- 
mond county. 
Bill prohibiting discrimination among 
surance companies passed second re 
ayes 34, nays none. , 

Vill to amend the charter of the town of : 

Asheville passed second reading. ~ 
W. N. O. RAILROAD. 

Bill to provide for the sale of the State's. ; 
interest in the Western Norih Carolina Rail- 
road Company, and for other purposes, at 
10:30 came up as special order. 

The chair announced that the question 
would be on the adoption of the minority — 
report. 

Mr. Jones inquired if it would be re- — 
garded as an amendment or a substitute to — 
the majority report, and asked what would — 
be the effect if the minority 1eport was 
adopted. Would it have the effect to de- 
stroy the majority report? 

The chair thought. the adoption of the 
minority report would, to a certain extent, 
; 
L 
: 





destroy the majority report, still the amend- 
ments of the majority could be acted on as 
to the minority. 

»r. Watson enquired, as both reports 
favored the passage of the bill, and both - 
reports had amendments, which report 
should be considered first. 

The chair stated it was almost the uni- 
versal practice with parliamentary bodies 
to Lae can the minority report first. 

Womack said if he was not mistaken 
it hed been the practice of the chair to con- * 
sider the amendments of the majority re- 
ports first. 

The chair replied that only had been the 
case where each branch of the committee 
had not brought forward an independent 
bill. He appealed to the Senator from — 
W: ee for his experience as to the matter — 

. Dortch said he thought the mfinority 
Dishes should be considered as an ame: d-— 
meut to the majority report. 

The chair asked the Senator from Wayne 
what would be the effect if the minority 
report was adopted as an amendment to 
the majority report. 


Mr: Dortch replied that it would displace — 
themajority report as a matter of course. 
(There was other like discussion as to the 
precedence of the reports, Mr. Pinnix 
holding the minority report should be first” 
considered. ) 


vr. Morehead thought there should be 
no difliculty; the majority report suggested - 
several amendments, the minority only 
suggested one, and both reports concurred 
in striking out section 9. He thought the 
several amendments should be considered 
first. 


The chair said when the question of Uy F 





























































mentary law was presented to the chair 
it was the chair’s duty to hold according to 
all usages of such law. He would leave to 
the Senate to consider these amendments 
separately or as the Senate might prefer. 

_ Mr. Watson moved to take up the amend- 
ments seriatim. Carried. 

The first section of the majority report 
was read. 

_ Mr. Jones said this was a matter in which 
' his people were greatly interested, and it 
was an issue in his canvass whether this 
- contract should be changed, and the people 
said they would vete for no man who 
' would favor such a change, and he had a 
letter in his desk this morning from a gen- 
_ tleman of his section saying that as far as 
he could see the sentiment of the people 
' had undergone no change. He described 
the fertility of the counties of Haywood, 
Cherokee, “acon, Jackson and Clay, which 
_ if opened up and developed by the comple- 
' tion of this road would show a wealth of 
' resources that could not be surpassed by 
the. balance of the State; the fertility of 
that Jand was 100 per cent. more than in 
' the county of Wake. He referred to the 
_ bad management and the debt of the road 
- that caused it to be sold, the terms of the 
contract, &c., and held that if the State, 
through the Treasurer, advanced money 
on the road it gave the State a lien on it. 
' He then took up the Pest contract and 
_ Best’s sale and transfer of the road to the 
» present syndicate; that the Best contract 
' gave all to Best; it provided that the first 
' mortgage Sonds shall be a lien, and that 
- the State shall pay the expense of building 
' the road to Paint Rock, not to exceed $850, 
_ 000, when they get to Murphy. He referred 
' tothe seventeen hundred thousand dollars 
_ the syndicate said they had spent on the 
’ road, and asked relief, and as their counsel 
- said in the committee-meeting, in the other 
_ House, this Legislature ought to grant it; 
| because, as one of his reasons, that the 
» road had given the Democratic party great 
' help in the late election. «r. Jones said 
' he was for taking the road out of politics, 
_ and for that reason had very heartily voted 
_ for the bill against free passes which had 
_ passed the Senate. And now in return for 
the aid the west had giyen to the east last 


' nght, in voting the ten thousand dollars for | 


- was nota dollar of them from the Treasury; 
but ali he asked them was to keep their 
' hands off this contract; let it alone; and 
let this road be worked out. *r. Jones 
' then styled the clause of promise ‘‘the 
» little sop” in the bill, which states that after 
\ building the road to * ary.ville and Clayton 
the syndicate will put on fifty convicts and 
_ finish the road to the town of Muiphy. He 
“Said as to the guarantees of the bill, that 
‘no man of ordinary business sense would 





' draining her swamp lands; all he asked | 


At its Regular Session, 1883. 








223 


As to their_saying if they didn’t get 


relief that they’d never drive another spike, 
and would go into a court of equity over 
the road, and stay there ten years, we said 
doit if you dare, it only shows the bad 
faith you entered into this contract, and 
only shows you never meant to build the 
railroad to the town of Murphy from the 
start. Mr. Jones said even if they forfeited 
the road to the State the State would take 
it at a value of six millions, less the seven- 
teen hundred thousand dollars, and can we 
go home and tell our people that we have 
sold out this road for six hundred thousand 
dollars; why we could mortgage the road 
for seventeen hundred thousand, and haye 
a margin saved to the State of four millions 
three hundred thousand dollars. He said 
he had a letter from Mr. Johnston, a law- 
yer in Asheville, who said that the people 
there werea unit for this contract being 
car ied out, and also from Solicitor Fergu- 
son. t'e begged pardon of the Senate for 
the tediousness of his argument; that he 
had discharged, in his humble manner, a 
duty to his people, a people above all others 
to whom he owed most. and whom he 
loved most to serve. That they were a 
great and patriotic people, loving North 
Carolina, and willing to develop all parts 
of the State. All they asked was to be let 
alone. 

Mr. Poolesaid we were called upon by the 
railroads to give them relief only because 
the syndicate could not get it themselves on 
the securities they offered. It was the in- 
tention of the’ Haste1n people to encourage 
these gentlemen in their laudable enter- 
prises. He was sorry to hear the gentle- 
man from Henderson seeking to give a po- 
litical turn to this matter; they had been on 
the same committee and had sought every 
honorable means to find out what was right 
to be done. He had never heard in the 
committee room, on the streets or else- 
where any political reasons gtven for crant- 
ing this relief. ; 

r. Jones said the counsel for the syndi- 
cate had stated in the committee room that 
leading Democrats in the State had gotten 
on their knees and asked help from the 
road. 

-r, Poole said he must confess that he 
didn’t hear that. Hethen answered the 
Senator from Henderson as to what he had 
said of the bullying of the syndicate, say- 
in. he had never seen any sigus of bully- 
ing, and bad never been approached or 
even hada word hinted to him on the sub- 
ject from any railroad man or any one 
of the syndicate. The Senator from Hen- 
derson had said that other roads would 
be glad to get this railroad—yes, the Hast 
Tennessee ,Road, he would say to the Sen- 
ator frem Henderson, would be very glad 
indeed to get this road, and he would say 
for the very reason that the Senator from 


Se 


ss 


224 


Henderson was opposed to this bill that he 
himself favored it; he was opposed to the 
East Tennessee road’s getting it, and he 
imagined that the people in the Senator 
rom Henderson’s own county, from one 
end of it to the other, would be opposed as 
North Carolinians to the East Tennessee 
owning the Western North Carolina Rail- 
road. The Senator from Henderson had 
also referred to the weak and helpless con- 
dition of the syndicate who were now ask- 
ing relief, and yet the Senator from Hen- 
derson instead of granting them any relief 
was even for making it harder upon them 
than was the original contract. He spoke 
of the good this syndicate had done the 


State, of the coal they were now bringing , 


tous, and yet how can gentlemen stand 
here and call them enemies to the 
State—he did not believe it, the peo- 
ple of North Carolina would not believe 
it. We ought to give this relief because it 
is just and right; it would enable the syn- 
dicate to carry out their contract, which 
would do more good in developing the rich 
resources of that mountain country than 
all the railroads you could build to Mur- 
phy from now until Gabrieljblows his horn. 
And when they come to us as sensible men, 
and not as bullies, as said by the Senator 
from Henderson, and, in a square straight— 
forward way showed us that after com- 
pleting the road to Murphy it would be of 
no value to them, he believed this Senate 
should heed them, and the Senate would 
remember that ‘!urphy was not to be left 
out, fifty convicts were to be put on, and 
the road to be finished there. He said the 
very purpose for which the syndicate asked 
relief was defeated in the majority report; 
it gave them the privileges sought by tying 
their thongs the tighter. The people were 
tired out of State’s interests in railroads, 
and not willing for; their representatives 
to pass such a measure as would throw 
back on their hands this elephant, as it 
were, but he believed that to a man they 
were willing to grant this relief 

The Senator from Henderson would have 
it implied that he was standing here fight- 
iug against the interests of the people of 
North Carolina, but he would say to him 
that he was standing here. sir, fighting for 
the interests of the Senator from Hender- 
son’s own country. He referred to letters 
from the west here, calling on their repres- 
entatives to stand by this relief and that 
the people of the west would stand by them. 

PERSONAL PRIVILEGE, 

Mr. Hill rose to a question of privilegein 
reply toa card from Dr. Grissom in this 
morning’s News AnD OssERVER. The in- 
formation he had referred to was from a 
very reliable source, and he merely asked 
if the committee could inform him if there 
was just foundation for such. In conse- 
quence of a bill that has been introduced 


'  Proce-dings of the General: Assembly of North Carol ! 





i 


in the other house, corroborating the re- 
ports, he thought he ought to make ~ 
inquiry. Cannot the acts of a public off 
cer of North Carolina be criticized by a 
member of the Legislature? He made no- 
reflections upon the board of directors. 
He had no information from Mr. Stanford, — 
his colleague, as to the correctness of the 


account, vouchers, &c., or he would not 
" 


have asked the questions. Cannot an hum- 
ble member of the Legislature inquire of 
the management of the public institutions — 
of the State without its chief officer attack- 
ing*him through the public prints and tell- 
ing him what “functions his constituents — 
delegated to him?” 
Adjourned. i, 
(Norz.— r. Toon desires to say that in 
his remarks Monday night on the bill 
against free passes he did not mean to re- 
flect in the least upon the Senator from — 
Wayne; his remarks were entirely upon the 
bill] 


HOUSE OF REPRESENTATIVES. 
Frmay, *'arch 2. 

The House met at 10 o’clock, Speaker 
Rose in the chair. 

“yr. Robins rose to a question of personal 
privilege in regard to the card of Dr. Eu- 
gene Grissom in reference to the charges re- 
garding the expenditures at the Insane 
Asylum at Raleigh. 

[The reporter came in late and failed to 


PETITIONS. 
Mr. ‘cAllister, from citizens of Cabarrus 
county, asking the appointment of a col- 










get Mr. Robins’ remarks. ] q 


ored magistrate for said county. 
BILLS AND. RESOLUTIONS. 

Mr. Sherrill, of Catawba, resolution to 
meet in the morning at 9:30, and to extend 
the evening sessions to 11 o’clock. Adopted. 

Mr. Holt, in relation to mutual compa- 
nies insuring manufactory property. 

Mr. Bailey, of Wilson, asking a change 
in the county line of Edgecombe; accompa- 
nied with a petition. 

Mr. Person, of Wayne, to incorporate the 
town of Ruffin, in Wayne county. 

The bill in relation to maimed sol- 
diers was made special order for to-morrow 
at 11 o0’clock. 


Ov motion of ‘r. “cLoud, the resolu- © 


tion in regard to the payment of the ex- — 


penses of the committee appointmed to 
investigate the affairs of the Western North 
Carolina Insane Asylum was taken up and 
passed. Similar disposition made in regard — 
to the expenses of committee on Eastern 
Insane Asylum, on motion of “ir. Stanford. 

Special order, bill to create a railroad com- 
mission, was taken up. The question was — 
upon the amendment of Mr. Bailey, pro-— 
viding for one commissioner, at a reduced 
salary, without clerk. Lost. fi 

The amendment of Mr. Williamson, of 











7 


| 
: 


ee Lee 
i 













































lumbus, was put and adopted, which 
in relation to the salaries, striking out 
100fand inserting.$1,500. 

Mr. Bailey, of Mecklenburg, offered an- 
other amendment, as follows: 

_ Strike out section 11 and insert in lieu 
thereof : 

Src. 11. Said commissioner shall have 
power to establish and regulate the rates to 
be charged by the said railway companies 
for freights and the fare of passengers, 


eral points ef entrance into and exit from 
this State of said railways, and regulate the 
pro vata for the same, as between connect- 
ing railway lines, but shall only regulate 
_ the maximum of rates and shall not estab- 
lish a higher rate for a relatively longer dis- 
tance than he shall have adopted fora 
nearer point against the desire of the rail- 
road company to be affected thereby. In 
no instance shall he fix an unreasonably 
high rate, and in fixing arate to any point 
his judgment shall be solely guided and 
' controlled by a proper regard for such sum 
-as shall constitute a reasonable maximum 
‘Tate to that point, without reference to the 
yalue for more distant points. This failed 
to pass. 

All amendments having been acted upon, 
the substitute was read for the information 
of the ouse. 

vr. Robins called for the yeas and nays; 
the call was sustained, and the substitute 

failed to pass—yeas 13; nays 97. 

' Mr. Green, of Franklin, explained his 
vote; desired a railroad commission upon 
just.and fair grounds. This substitute will 
mot accomplish the end; there was no 
‘penalty provided; the salaries w.re too 
‘small; was opposed to having cheap men 
on it whose integrity can be reached by the 
purchasing. power of gold. 

Mr. Overman was at first in favor of the 
substitute, but upon reflection now favored 
tue bill introduced by sr. Forbis; would 
vote no. 

_ The question then was upon the bill in- 
troduced by Mr. Forbis, which was read as 
amended and: passed second reading by a 
vote of 65 to 50. 

_ Mr. Bunn explained his vote ; he was op- 
posed to this bill, but was in favor of a rail- 
Toad commission; should vote yea, hoping 
it aa be properly perfected on its final 
reading. 

Mr. Forbis. Some members determined 
to defeat any bill of this character; he 
would vote for this or any other that will 
protect the people. 

Mr. Green, of Franklin, and 


r. Green, 


ading, hoping it would be properly 
amended on third reading. 
Holt. Woald do nothing to defeat a 
ad commission—the people demanded 


from all and to all the different railway sta- | 
tions in this State, as well as irom the sev- | 


of New Hanover, would vote yea on this. 


v.37 2s ‘ay ot Pe 
hs = ‘ .v, 


At its Regular Session, 188 








i i SOR ee 
F% 


225 


it This bill does not meet their wants. 
Pass this bill, and farewell forever to build- 
ing railroads in North Carolina. Would 
vote yea; would try to get it properly 
amended on third reading. 

There were many other explanations, all 
of about the same purport. 

PUBLIC SCHOOLS. 

The special order, to revise and consoli- 
date the public school laws, was considered, 
the House going into committee of the 
whole, “r. Worthington in the chair. 

The question being upon the amendment 
of ‘r. Page, abolishing the office of county 
superintendent, he made extended remarks, 
and sustained his views by an able and well 
considered speech. 

Mr. Holton said that the laws requiring 
the county superintendent to visit the 
schools ought to be repealed, and his duties 
limited to the examination of teachers, and 
thereby save to the school fund the large 
salary that is paid him to ride over the 
country. The people wanted immediate 
relief,and as the superintendentfhad ajvested 
right in his office for the term for which he 
was elected, our remedy would be to take 
away his duties. It akesno difference by 
what name we call it, so we save the money 
paid him. 

Mr. Glenn said he would move to pass 
over that section until we could see what 
would be the action of the House inregard 
to cutting down the salary and authority of 
the superintendent. It was the useless ex- 
penditure of the school fund that the peo- 
ple complained of; we must have a head to 
the school] system, either as superintendent 
or county examiner; "he wished the pay 
cut down and only allow the superinten- 
dent to visit schools upon the written ap- 
plication of the committee of that district. 
There was no superintendent in his county, 
and he thought it would be best to leave it 
optional with county hoards of educatiou 
whether they elect a superintendent or not. 

Mr. ¥cCloud. The county superinten- 
dent is an essential man. There must be 
some head to this system; and to make it a 
success you have to get a man of talent, 
and he must be paid. This House has its 
Speaker to govern this body; corporations 
have their presidents; its success depends 
upon its manager; without such officer your 
school system is a failure. 

Mr. * itchell hoped the office would not 
be abolished. It is true it takes a good deal 
of money to pay them, and this was the 
reason-of the opposition. That officer had 
been very efiicient in counties of his section. 

wr. Wilcox asked if this Legislature had 
the right to abolish this office. ‘ 

Mr. Green, of Franklin, in answer, said 
he did not think the Legislature had the 
right. ioe: 
vr. Harris, of Wake, opposed the amend- 
ment. In all States where education flour- 


“yet 


226 


ishes they have this office. Every department 
has its head, to which we go for informa 
tion. When we desire to be informed on 
agriculture we go to the farmers; when we 
want light on matters of education we 
should have a county superintendent to 
apply to. Our State Superintendent favored 
it. It was the system he was contending 
for. Did not like to see his State occupying 
» blank in the system of education as she 
was doing now. 

Mr. Green, of Franklin: It is evident 
that the school system cannot exist without 
ahead. It is absolutely neeessary to have 
some one to examine teachers. The bill is 
so worded that it prevents wasteful use of 
funds by the county superintendent. If the 
office nad been abused it was no reason 
why it should be abolished. 

Mr. Leazer hoped that the discussion 
would stop and that the amendment would 
be voted on. 

Mr. Glenn’s amendment was then adopt- 
ed. [We published this amendment in 
yesterday’s paper. ] 

The question was now upon the amend- 
ment of 
adopted. 

vir. Forbis moved a reconsideration. 

Mr. Rose thought the action of the House 
abolishing this office was unfortunate. As 
had been well said by the gentleman from 
Buncombe, there must be a head to this 
system. He hoped the House would re- 
consider. 

Mr. Robins was opposed to the office of 
county superintendent, but favored an ex- 
aminer, to be paid a reasonable per diem 
while engaged in examinations. 

Mr. Bryan, of Wilkes—When the ‘touse 
voted to abolish this office they represented 
the wishes of the great majority of the peu- 
ple of this State. He hoped the motion to 
reconsider would not preyail. 

Arising vote was taken and the House 
concurred in the motion to reconsider. 

The committee here rose, reported pro- 
gress and asked for further time. 

The bill relating to the fees of sheriffs 
was taken up, and discussed for a few 
minutes only, when the hour of adjourn- 
ment was announced. 


RAILROAD COMMISSION BILL. 


The following is a synopsis of the pro- 
visions of Mr. Forbis’ bill: 

Srorron 1. Provides for the election of 
three competent persons as commissioners 
by the General Assembly, all of whom are 
not to belong to any one political party; to 
hold their office for two years; said com- 


__ missioners are required to take an oath be- 








fore entering upon the discharge of their 


‘duties that they are not, and that they will 


not be connected with any railroad, own 


‘any stock or interest therein, and that they 


wave no interest in any railroad corpora- 


tion or combin:.tion, either near or remote. | mission as to its freight and passeng 





r. Page, which was put and ‘ 





\ 


¥) 














































i 
a clerk, who shall devote his whole | 
tion to the service of the commission 
Sro! 2. Provides that the principa 
shall be in Raleigh, and the commis 
shall meet at least once a month. The e 
mission shall be furnished with necess¢ 
postage, stationery, office furniture, &c. 
Sro. 3. That by order any one of sa 
commissioners may act, hear and dete 
mine any complaint of oppression or d 
crimination, but such determination sha 
not be final until reported to the comm 
sion and passed upon in session. rr 
Sxo. 4. That the commissioners shall have 
power to administer oaths and supervise all — 
railroads in the State, investigate all acci- 
dents; and requires the railroad authorities — 
to report immediately all accidents that 
happen on their roads. ‘rei @ 
Suo. 5. Provides for notice being given” 
vo any railroad before any proceeding is— 
commenced against it. j a 
Sno. 6. Provides for the compelling at- — 
tendance of witnesses, production of books — 
and papers, and prescribes the per diem and 
mileage of witnesses. j 
Szo. 7. Provides that the commiéssion — 
shall sit in the town where the principal — 
office of the road against which they are — 
proceeding shall be situated. : 
Sro. 8. Extends the provisions of this act — 
to sleeping car companies, trustees and re-_ 
ceivers of railroads, and gives the commis- — 
sion authority to have copies of paperssent — 
to them in any part of the State. " 
Sro. 9. Allows the Attorney-General on — 
notice from the commission to bring action 
against any road that violates any constitu- 
tional provision or any law of this State, — 
or unjustly discrimin: tes against person or 
persons, to forfeit its charter. a 


Src. 10. Allows the commissioners to ex- — 
amine station houses, reception rooms, &c., — 
and when they find them unsafe or inade-— 
quate to accommodate the traveling public — 
to report to the Attorney-General, and if — 
the road after notice from the commis- 
sioners refuses to make reasonable repairs, — 
&c., to bring action to forfeit the charter of — 
such road. 


Sxo. 11. Gives the commissioners the — 
power, if they deem it necessary, to regu- 
late freight and passenger rates, and says 
they “shall” make such rules and regula- | 
tions as will prevent unjust discrimination. — 

Src. 12. Provides for the advertising of © 
the rates, &c., in all the principal towns © 
and cities of the State, and makes it the” 
duty of the commission and also requires” 
the commissioners to keep a record of their ~ 
proceedings in a book kept for that pur-_ 
pose, and to keep that.open to the imspec- 
tion of the public. ‘2 

Sro. 18. Compels every railroad compar 
to give all information desired by the e 


- 


si he aa 





































dto its general management and as to 
s contracts and agreements, that may pro- 
ject the welfare of the people and corpora- 
‘tions in the State. - 
- xo. 14. Makes all officers of railroads 
who fail to obey the process of the com- 
mission guilty of a misdemeanor. 
_ Sxo. 15. Prevents the commission from 
' doing anything that will interfere with the 
Jegal rights of any railroad or from med- 
dling with its liabilities for its own acts or 
those of its agents. 
- §xo. 16. Compels the commissioners to 
' report biennially to the General Assembly 
_ their proceedings, with suggestions in regard 
to the railroad system of the State. 
' Sze. 17. Provides for the printing Jand 
' distributing of five hundred copies of the 
proceedings of the commission. 
' Sxo. 18. Provides that the salary of the 
' commissioners and clerk shall be $1,500 per 
year, paid out of the Treasury of the State. 
' Sxro. 19. Prohibits the commissioners 
_ froin communicating any information they 
» receive from said roads in the course of 
their duty, and makes them guilty of a mis- 
~ demeanor if they do so. 
Sro. 20. Repeals all Jaws in confliet with 
the provisions of this act. 
' Sere. 21. This act shall be in force from 
- and after its ratification. 
' [Novrr.—In the report of the proceedings, 
February 28th, Mr. Simmons was stated to 
» have introduced a bill to amend and con- 
| solidate fle acts incorporating the town of 
/Lumberton. It wasan error. The bill was 
taken from the calendar by request of 
Mr. Proctor. ] 
' (Mer. Harris, of Davidson, on Thursday, 
in explaining his vote on the amendment 
of “r. Powers to the amendment of Mr. 
“Hayes, said: I am satisfied that the people 
' demand of us to pass a railroad commission; 
therefore I feel that Iam only serving my 
constituents in creating a commission for 
’ the beneéit of the people, and not creating 
an office for ourselves; that the adoption of 
‘the amendment of the gentleman from 
Swain would be a stigma upon the Assem- 
' bly; therefore, I vote aye. ] 


SENATE. 

NIGHT SESSION. 
i Mach 2. 
» Senate met at 7:30. 
' The chair stated that at the request of 

the Senator from Caswell the bill to amend 
the charter of Durham would be put on iis 
‘readings. Passed third reading—ayes 29, 
“noes 0. 

_ Bill to amend the contract of sale of the 
ate’s interest inthe Western North Caro- 
ling Railroad came up as special order. 

The question was on the first amendment 
ie committee_ 

. Watson said it was his desire, as a 





At its Regular Session, 1889. 





227 


member of the committee, to submit to the 
Senate some reasons why the majority of 
the committee came to the conclusions it 


did, and that are embodied in the majority — 


report. When this bill was brought before 
them they went to work, invited its friends 
before them, listened to all they said to 
give them light on the matter, and re- 
quested also the friends of the Best contract 
to make objections in the presence of the 
friends of the Clyde syndicate, which they 
did, and they had a joint discussion. He re- 
ferred thentothesale of the roadin 1875 for 
$800,000, the Best contract, &c., stating 
that the contract was drawn by two of the 
ablest lawyers in North Carolina, and not- 
withstanding the Legislature offered to pay 
them they declined to receive any pay; 
knowing these honored gentlemen as he 
did he was not surprised at their refusing. 
It was a work of patriotism. He then came 
to the Clyde syndicate,how far it had built 
the road, &c. He was here to-night to say 
that the people of North Carolina were sat- 
isfied with the Best contrac!, and to let it 
stay as it vas. We were asked to change 
that contract, and the report of the com- 
mittee is a sort of compromise with amend- 
ments that do not materially alter that con- 
tract, and that secure the completion of the 
road. He did not feel authorized to crosr 
a ‘t” or dot an ‘‘i” of the Best contract. Iv 
required the building of the road to Paint 
Rock by July, 1881, it has been built. It 
also required the building of the road to 
Murphy by January 1, 1884. It required 
the syndicate to issue mortgage bonds and 
put in the face of those bonds the condition 
of that contract, and that the mortgage 
should not be foreclosed until the road had 
been completed to “ urphy, and if they did 


not complete it they should forfeit the road. | 


Now that contract was safely guarded, and 
the people of North Carolina could say to 
the men whose brain and pen dictated that 
contract, ‘‘you were faithful to your duty.” 
We should be as careful as public agents as 
we are as private agents. He asked how 
many discussed this question of changing 
the Best contract on the late canvass? None 
of us save those beyond the Ridge, and he 
was informed that the sentim: nt with that 
people then 
should not be changed. Is the Governor 
of North Carolina in favor of our chang- 
ing that contract? He took it for 
granted the Governor was not. He read 
the Governor’s \ essage. Nowhere had he 
recommended any changes of the Best con- 
tract as he has recommended other changes 
in his messages. On the contrary, the Gov- 
ernor says he sees no reason why the road 
cannot be finished within the stipulated 
time. 


Mr. Linney. “r. President, may I ask 


the gentleman if he would not rather criti-, 


cize than compliment the Governor should 





was that the Best contract ~ 


228 


he send ina message here on a measure 
that we are now discussing. 

Mr. Watson replied that the Governor 
had given his opinion in his message on 
other measures before this Legislature, and 
lie himself considered it the Governor’s 
duty soto do. Mr. Watson said he was 
willing to answer any questions from any 
Senator on the floor or from anyone in the 
lobby, and he did wish there was some other 
name for ‘‘that place” than the lobby. He 

‘then spoke of the Clyde syndicate as being 
his friends and gentlemen of the highest 
character. He referred to the Richmond 
& Danville’s syndicate crushing out 
the North Carolina Midland Road that 
would have run from Danville to Moores- 
ville developing’ the best section of North 
Carolina by buying out the Virginia } id- 
land, thereby putting up Richmond and 
Danville stock to fabulous figures; but now 
the syndicate were in a strait and came to 
us asking relief. He, repeated that the bill 
which had passed the House gave no guar- 
antees that the road would be built in any 
direction beyond the Nantahala. The for- 
feiture provided in regard to the extension 
to Murphy amounted as to the convict labor 
only to $7,000, double that and say $15,- 
000. The syndicate would not care for 
that. There was no provision requiring 
the road to be extended to Marysville. The 
syndicate would not agree to put in the bill 
that they shall build o * arysville. 
might go there if their interest demanded 
it, otherwise not, We were relinquishing 
our contract to have any road built and 
without any consideration. It was said 


ihat the payment of $600,000 was a con- . 


s’deration. Notso. That was in payment 
of the company’s own mortgage bonds, 


and less than the full amount, at 
that. He called attention to the fact 
that the bill gave no_ security for 


the protection of the State against its 
liability for interest on the Armfield bonds. 
That interest was $59,500 a year, and the 
liability continued for seven years. As pro- 
tection, the bill proposed to deposit the in- 
terest for only one year. The State’s lia- 
bility to pay over $300,000 was not at all 
protected. How could Senators surrender 
without considering the protection which 
the State now has in this matter. It was 
said if we did not pass this bill the contract 
would be thrown up. Well, the property 
had cost millions to build it. The State 
would get it back nearly free from all in- 
cumbrance. The State could mortgage the 
property for three million of dollars and 
finish the work. T e syndicate would, un- 
der their contract, be entitled to receive for 
moneys expended $850,000, but never until 
the road vas finished to “urphy. But the 
road would never get back into the hands 
of the State. The syndicate would never 
part with it. It was too valuable. There 


They | 


Proceedings of the General Assembly of North Caro 








is now pending a suit to take this r 
their hands, and they have employed 
ablest counsel to prevent it from bein 
taken off their hands. Mr. Watson con- 
tinued at somelength, speaking until 9:20, 
noting as he viewed it the ev. vil effects 
passing the ! ill, and the safety secured to 
the State by holding on to the test con- | 
tract. He said the Best contract would be — 
cancelled under this bill when they reached — 
the Nantahala river except as to the inter-— 
est on the $850,000 bonds. His opinion was — 
that the Senate ought to let the whole mat- 
ter lie upon the table. - 
vr. Linney said he had listened with | 
much interest to the Senator from Forsyth. 
He had given this matter much time, and — 
bestowed upon it the best intelligence he 
had in order to form a proper conclusion, — 
and he had arrived at one totally different — 
from the gentleman from Forsyth. 
ivr, Linney said he was one of the signers 
of the minority report. Referring to the 
Best contract, be said the people had not 
been consulted, and after the election they 
became clamorous for some relief in that 
direction. Nothing ever produced so much 
sensation as the ‘‘. ud Cut” Jetter, and no 
measure had ever met more the approval 
of the whole people of North Carolina tha” 
the sale of the Western Road. He quoted: 
Major Wilson’s opinion of the Best contract, 
saying it would take five millions dollars 
at least by convict labor to build the 
road to Ducktown, and thirty years earn- 
ings of the Paint Rock branch in order to 
build it. He said North Carolina had 
$20,000 of bonds on that road in the Treas- 
ury; they are not worth more than twenty 
cents in the dollar; now this proposition 
proposes to pay into the Treasury of North 
Carolina $600,000 for these bonds, and to 
make them as good as gold, and this, too, 
by 1884. Under the gentleman’s plan it 
would be unt 1 1886 before anything could — 
be realized on these bonds. Suppase this 
$600,000 could have been put into the 
Treasury instead of the $530,000 in bonc s; 
a much better trade would have been made 
than is offered now, and the people would 
have jumped at it eagerly, for they were all 
eager to get rid of that road; in 
fact the road was at that, time 
pretty ‘much in the same fix as old man 
Partee adison’s watch. He carried his — 
old watch to the jeweler and asked him — 
what it was worth. ‘‘«y friend,” said the 
jeweler, ‘‘do you carry it to the first public 
street corner and lay it on the sidewalk and 
let it stay there twenty-four hours, and if 
nobody comes along and picks it up, then 
do you get youa brand new quarter of a 
dollar and lay on its face, and try it there 
another twenty-four hours.” (Laug hter.) 
Even were the proposition to take ae six 
hundred thousand dollars in money and run 


the risk of forever blighting the Bene 















































roud from them; why, even then, he, for 
‘one, would say, ‘‘Give me the money ;” 
‘but that was not the proposition; the bill 
proposed to carry the road through 
‘that Senator’s county and complete it 
to Cherokee. This syndicate knows 
something of the value of a road; 
_ they have much property tin roads; here’s 
- one (h: lding up the map) to the home of 
my friend from Forsyth, this syndicate 
built that road. He argued that the Sena- 
_ tor from Henderson would be certain to 
get this road to his county, and showed 
- when and where the fifty convicts would be 
' put to work. He said, in answer to ques- 
* tions put him from the floor, that he con- 
sidered both the majority and minority re- 
_ ports would alter somewhat the Best con- 
tract, but that the minority report would 
- be of least danger to the interests of the 
State in its adoption. He was a little 
amused at the Senator from Forsyth when 
he read the section to show that there was 
_ no security for the interest on the $850,000 
~ bonds, when the Best contract_has now a 
deposit of $30,000 here in the Citizens’ 


National Bank, and when this _ bill 
‘itself requires a deposit of $30,000 
from the syndicate in four per cent. 


bounds of the State. He twitted the Sena- 
tor from Forsyth with inconsistency in 
giving allfrom the State without fany re- 
strictions at.all, tothe Cape Fear and Yad- 
kin road, that would passthrough his own 
country, while now with the Western road 
that was going to the homes of other peo- 
ple he was for throwing all sorts of restric- 
tions around the syndicate who were build- 
ing it. Not one word had been said of the 
right to regulate the freights and fares of 
the Cape Fearroad,and it was an older char- 
ter, too, than the Western North Carolina, 
yet on this bill the majority report would 
attempt to alter every charter in the State 
operated by the Richmond and Danville 
road, and require as a condition precedent 
to any relief that the charters cannot 
bealtered without the consent of stock- 
holders in the corporation, thereby demand- 
ing of them an impossibility. 

Adjourned. 

[Norr.—Mr. Goodwyn wished his posi- 
tion on the Roanoke Navigation bill more 
explicitly stated. He was in favor of giv- 
ing the company all the water p wer it 
wished, provided it worked no. injury to 
others. | 

[u4r. Evans, in recording his vote against 
_ the free pass bill, styled it abuncombe farce. 

The reporter wrote it-public farce. ] 


HOUSE OF REPRESENTATIVES. 
NIGHT SESSION. 
Fray, “arch 2, 1883. 
- To establish a graded school in Lumber- 





| 
q 


—_— Se ae SO ee 


y 











229 


ton, Robeson county, passed third readine. 

To ascertain and liquidate the debt of 
Bladeu county, passed third reading. 

To provide for local assessments in aid of 
public schools, passed third reading. 

To provide for the alternate keeping up 
of the roads in Forsyth county, passed 
third reading. 

To incorporate the town of Caswell, in 
the county of Pender, passed third reading. 

Act to incorporate the town of Garner’s 
Station, Wake county, passed third reading. 

Relating to the graded schools in the 
county of Guilford, passed third reading. 

To authorize the board of commissioners 
of Person county to subscribe to the capital 
stock of the Roxboro Railroad, passed 
third reading. 

To incorporate the town of Smithfield, 
in Johnston county, passed third reading. 

To incorporate the village of Leonsburg, 
Hyde county, passed third reading. 

To change the corporate limits of the 
town of Jacksonville, Onslow county, 
passed third reading. 

To incorporate the town of Harrellsville, 
Hertford county, passed third reading. 

To empower and authorize the commis- 
sioners of Rockingham county to levy a 
special tax, passed third reading. 

For the improvement of the streets and 
sewers of Greensboro. Passed third read- 
ing. 

lo incorporate the town of Fayetteville. 
Tabled. 

To prohibit the sale of liquor within cer- 
tain places in Haywood county. Passed 
third reading. 

To establish a criminal court in the 
county of Mecklenburg. Passed second 
reading. 

To incorporate the Carolina Warehouse 
snd Compress Company. Passed third 
reading. 

To establish a public highway through 
public lands between Hatchfork and A. J. 
Murrill’s, in Onslow county. 

Mr. Robins thought private bills were to 
be considered to-night, but this was of a 
public nature; he would have to oppose ; 
would call for the yeas and nays. 

Mr. Glenn explained the action of the 
committeee, who had it referred to them. 

“ir. Thompson, of Onslow, explained the 
bill. It would open White Oak swamp, 
and give his people an outlet for their pro- 
duce; some of them now having to go 
twenty-five or thirty miles to the court 
house. There isan abundance of timber 
that can be had on this road if opened; as 
it is nowit is inaccessible: It would be the 
means of developing very valuable lands. 
But few private land-holders would be ben- 
efited. As to the convicts, they could not 
be obtained unti! their terms of labor on 
the public works had been finished. 

Mr. Page, of Jones, and “Mr. Green, of 


et ee a el 


230 


New Hanover, spoke in favor of the bill; 
it was a moderate requust. 

The call was not sustained, and the bill 
passed third reading. 

To incorporate the Seaboard “anufac- 
turing Company, passed third reading. 

To alter the line between Caldwell and 
Wilkes counties. 

Mr. Bower favored the passage of the 
bill and Mr. Bryan opposed it. 

Mr. Lenoir said the people of Wilkes 
who asked to be attached to Caldwell had 
substantial reasons for so doing; it would 
bring them nearer to school facilities ; com- 
plimented the gentleman from Wilkes on the 
zealous manner in which he represented 
his people; that it would deprive the 
noble old connty of Wilkes of but little 
territory and he hoped the bill would pass. 

To change the charter of the town of 
Edentcn, passed third reading. 

Mr. Sutton sent up a protest—no thirty 
days notice. 

o allow commissioners of Swain county 
to build acourt house, passed third reading. 

For the relief of W. A. Estes, and other 
railroad tax collectors, passed third reading. 

To incorporate Albemarle and Roanoke 
Railroad Company, passed third reading. 

To incorporate the town of Pollocks- 
ville, in Jones county, passed third yeading. 

To repeal local prohibition, Pleasant 
Grove Church, Nash county, passed third 
reading. 

To authorize board of commissioners of 
Warren county, to levy a special tax, passed 
second reading. 

To establish a graded school in Washing- 
ton, passed second reading. 

House adjourned. 

SENATE. 
FIFTY-SECOND DAY. 
SaturpDay, March 3, 18838. 

The Senate was called to order at 10 
o'clock. 

Prayer by Rev. Dr. Varshalle 

PETITIONS. 

Mr. Caho, of citizens of Craven, asking 
that proposition to tax to issue bonds be 
submitted to the people. 

Mr. King, of Pitt, of citizens asking that 
retailing of liquors intwo miles of Meadow 
church, in Greene county, be abolished. ~ 

vir. Watson, of certain citizens of For- 
syth, asking local prohibition in Lewisville. 

Mr. Whitford, thirteen petitions, with 
640 names, asking that the constitution be 
so amended that every voter shall be made 
to show a receipt for poll tax before he can 
vote. Mr. Whitford said to the reporter 


that two-thirds of the signers were colored | 


men and from Craven, Jones, Carteret, Le- 
noir and Greene counties. 
BILLS. 
Mr. Ebbs, to prohibit sale and use of pis- 










































a OE 
tols and other deadly weapons in 
county; introdweed by request. ; 

Mr. Payne, to regulate elections. Ag 

Mr. Pattie, to authorize the commission- 
e's of Halifax to fund and pay the debt of 
same county. Also bill to aid the Ladies’ 
Memorial Association of Raleigh. i" 

Mr. Watson, supplemental to act amend- — 
ing the charte® of the Granville Railroad — 
Company. +4 

Senate concurred in House amendments 
to Senate bill 577, House bill 852. —- 

The Senate concurred in the !'ouse ~ 
amendments t. Vr. Dortch’s local assess-— 
ment law; also in the amendments to the ~ 
graded school bill for Lumberton. ui 

The *estern North Carolina Railroad - 
bill came up as the unfinished business of — 
last night. 

Mr. Payne made a lengthy and able ar- — 
mument in favor of the’ bill, giving six rea- - 
sons for its passage. [His remarks, crowded 
out pf this issue, will appear hereafter.) 

‘'r, Clarke took the floor against the bill. 
He read a good portion of his remarks. He 
referred to the great Zebulon '’. Vance, that 
true, patriotic son of North Carolina, that 
great statesman who stands at the helm and 
always steers right. He characterized this 
bill as the most iniquitous measure that was — 
ever perpetrated upon the free people of 
North Carolina. 

Mr. Strayhorn-—Mr, President, 1 would 
like to say to the gentleman, while he is — 
praising Vance, that curses, like chickens, 
come home to roost sometimes. He would 
advise him not to praise Vance too much. 

Mr. Clarke said if it had not been for the 

reat Vance’s fighting the Richmond & — 
anville Road as he had, the Western Road — 
would not now be built. esaid the speech 
of the Senator from Alexander in favor of 
the bill was perhaps the a lest and most — 
adroit speech he had ever heard. He was 
for looking at this bill only in a business — 
point of view, and then we should have ~ 
done our full duty to the State. He earn- 
estly hoped the Senate would adopt the © 
majority report. j 
vir. Loftin here moved that the bill for 
the election law be printed and made a 
special order for next Wednesday. He was 
here not to impede legislation, but he did 
say that a bill of this importance, of thirty 
pages. should be printed, and the minority — 
given time to understand it, and not be in- 
troduced here in the last days of the ses- — 
sion to be passed over the heads of the mi- 
nority. "i 

Mr. King, of Cherokee, sent forward 
amendments : i 

First, amend by striking out the word 
“fifty” in line 14, seetion 2, and inserting — 
one hundred. 

Also amend section 4 as follows: 8 
out ‘‘fifty,” in line 4, and insert in 
thereof ‘‘one hundred,” and insert bet 




































conviets and place and work the same 
_ upon the Maryville or Rabun Gap branch 
_ but they,” and strike out the words hereto- 
_ fore provided in ten, and also insert after 
_ the word assigns in line 24 in section 4, the 
words ‘‘whether in law or in fact.’! 
| Mr. King spoke in favor of the amend- 
' ments. e described the rich mineral and 
' iron resources of the county of Cherokee, 
' and said tuat county could become wealthy 
' like Pennsylvania, in a measure. He insisted 
on this amendment that the syndicate should 
_ incorporate some of its own wealth in that 
line in case*they abandoned it. He had on 
_ sort of doubt of the completion of the road 
' to Murphy if the convicts could be kept at 
- work on the other lines. He was in favor 
_ of giving from the State whenever it was 
' to the interest ot the people. He was re- 
cently on a visit to Beaufort, and as he 
' stood on the beach and gazed he could see 
_ where the giving of the State’s interest to 
» that canal would benefit the people, and 
' this emotion struck him, 
' “No pent-up Utica confines our powers; 
_ The boundless wealth of the commonwealth 
is ours.” 
' And he came right back and voted to give 
| the State’s interest in the canal. He said 
» he had the highest respect and friendship 
» for ol. Buford and Col. Andrews; they 
' were both gentlemen; he knew them well, 
and a personal promise from cither one 
» he confidently relied on to be fulfilled, but as 
_ he said to Col. Buford when in consulta- 
' tion with him and Col. Andrews on the 
» subject, ‘Colonel, your promises are satis- 
' factory, and I believe them, but you may 
_ not be here—individuals die while corpora- 
» tions live on and on,” and the frank nature 
» of the man was compelled to acknowledge 
» be was right. He said nearly all the 
' corundum in the United States came from 
» the geological formation of that little pov- 
_ erty-stricken section which had been so 
» characterized on this floor. 
» Mr. Costner spoke in favor of the minor- 
ity report. [His speech was an excellent 
one, and will hereafter be published. ] 
; r. Battle spoke in favor of the majority 
_ report. “ 
r. Ebbs said in the bill as passed by the 
House of Represantatives he had been 
unable to see thus far a single guarantee 
that would complete the Western road to 
' the town of Murphy. And if any measure 
was to be adopted he hoped it would be 
the measure of the majority cdémmittee. 
eee crerred the whole matter being ta- 
led. 
Mr. Webb said he had sat here from yes- 
ay morning to this time listening to 
s discussion, and was pleased at such 
e arguments, and he was very glad when 


e words ‘assignees’ and _ ‘‘shall,” 
line 8, the words, ‘“‘may with- 
draw from said road fifty of said_ 





At its Regular Session, 1888. 





231 


he heard of the compromise in the House, 
and was much in hopes the bill would pass 
here as it did there. He really thought 
this syndicate entitled to the small relief it 
asked, and if he thought the syndicate not 
incere in the matter he would oppose the 
bill, for it was an important vote he was 
going to give, but as he considered the syn- 
dicate really entitled to relief, he should 
vote for the minority report. 

Mr. Watson desired in reply to the Sena- 
tor from Union, who he said had given the 
bill a potitical turn in having suggested the 
keeping of the road out of the power of 
William Mahone; if that be so, then he 
looked to see the Republicans in this cham- 
ber giving a solid support against the bill; 
we should see which way they voted. 

The previous question then was called 
by Mr. Watson. 


The first amendment of the majority com- 


mittee was put. 

The veas and nays were called by Mr. 
Jones. Ordered. 

The vote stood: Yeas 10, nays 38. So 
the amendment was not adopted. 

The second amendment of the majority 
was put. 

vy. Jones asked for the yeas and nays. 
Ordered. 

The vote stood? Yeas 9, nays 36. 
amendment was not adopted. 

The third amendment was then put. 

Mr. Clarke asked forthe yeas and nays. 
Ordered. 

The vote stood: Yeas 10, nays 36. So 
the amendment was not adopted. 

The fourth amendment was put. 

Mr. Clarke asked for the yeas and nays. 
Ordered. 

The vote fstood: Yeas 16, nays 228. So 
the amendment was not adopted. 

The fifth amendment was then put. 

Vir. Clarke asked for the yeas and nays. 
Ordered. 

The vote stood: Yeas17, nays 29. So 
the amendment was not adopted. 

The‘sixth amendment was then put. 

Mr. Watson asked for the yeas and nays. 


r. Pinnix said it was understood that 
this was the same as the minority report 
amendment. Several Senators for the minor- 
ity report said it was all right. 


So the 


The yeas and nays were ordered. Yeas 
40, nays 8. ‘So the amendment was 
adopted. 


Mr. Linney said inasmuch as the last 
amendment was the minority report he 
would suggest taking up any other amend- 
ments, as all the amendments of the ma- 
jority report had been disposed of. Mr. 
King by unanimous consent withdrew his 
amendment and offered another, which he 


said was an amendment to the House bill 


and was acceptable to the syndicate. The 
chair suggested to the Senator from Chero- 


232 


kee to withhold the amendment for the bill 
on third reading. 

The House bill with the single amend- 
ment as to the company carrying convicts 
then came up on second reading. 

Mr. Watson asked the yeas and nays. 
Ordered. Yeas 39, nays 9, so the bill passed 
second reading. 

Mr. Lovill objected to suspending the 
rules for a third reading. 

The Senate voted it down. 

vr. King sent his amendment; amend by 
inserting the word seventy-five convicts 
wherever the word fifty occurs in the bill. 
Ti. section 10, after the word Murphy, add 
and Raban Gap. In section 4, line 28, in- 


sert after word assignees the words 
‘“‘whether in law or in fact.” Amendments 
adopted} 


Mr. Watson sent an amendment to in- 
sert after the word ‘‘road,” in line one, 
“and all lines of road operated in North 
Carolina by said assignees, or by any other 
corporation'operated >r controlled by them.” 
Tnsert after the word ‘‘taxation,” in tine 
four, the words ‘‘and subject to Legisla- 
tige regulation of freight charges and dis- 
criminations, and passenger tariff.” 

Mr. Watson asked for the yeas and 
nays. Ordered. Yeas 17, nays 26. So the 
amendment was not adopted. 

The question was then on the bill on its 
third and final reading. 

tr. Richardson asked the yeas and nay. 
Ordered. Yeas 41, nays 7. So the bill 
passed its third reading, and was ordered 
returned to the »'ouse of Representatives 
for concurrence in the Senate amend- 
ments, 

Mr Strayhorn moved that the bill to 
change the election law for North Carolina 
be printed. Ordered. 

Indefinite leave of absence was had for 
Senator from Pamlico on account of death 
in the family. 

Adjourned. 

HOUSE OF REPRESENTATIVES. 
House met, Speaker Rose in the chair. 
PETITIONS. 

Mr. Dixon, from citizens of Speight 
Bridge township, Greene county, asking 
prohibition of the sale of spirituous liquors 
with three miles of Tabernacle church. 

Mr. Lencir, from citizens of Watauga 
county, for the appointment of a justice of 
the peace. 

Mr. Montgomery, from citizens of War- 
ren county, asking for a law to appoint 
bonded weighers in warehouses, and to 
regulate charges in said warehouses. 

Mr. Barrett, from citizens of Pitt county, 
asking prohibition of the sale of spirituous 
liquors near Timothy and Oak Grove 
churches. 

“yr. Parrett, from citizens of Pitt, asking 
prohibition within three miles of Rose Hiil 
church, 


Proce dings of the General Assembly of North Carol ind, 








| 





































ki 


5 _- 
- i . 

Mr. Candler, from citizens of J: 
county, for a new county. 7 ! 

Mr. Poe, from citizens of Yancey 
township, Cawell county, asking the 
pointment of certain magistrates. 

RESOLUTIONS. ‘t 

Mr. Sherrill, in regard to the sessions of - 
the House. : 

‘y, Tate, authorizing the trustees of the 
public libraries to procure records touching 
the colonial history of this State. ; 

vr. Powers, of Cleaveland, to re-carpet 
the floors of the Senate Chamber and House 
of Representatives. Ee 

BILLS. if 

Mr. Harris, of Davidson, by request, to 
amend the laws of 1869-70, rekative to the — 
appointment of trustees by the clerks of the — 
Superior Court. 

‘r. femple, to amend chapter COLX, 
laws of 1876-77. 

The bill for the support of the peniten- 
tiary was taken up, and passed its second — 
reading, with but little debate. 

Mr. Myers offered to amend 
the appropriation $65,000. d 

Mr. Bunn—to amend by making it $70,-— 
000. Both amendments were voted down. — 
[Bill allows $75,000 for each year. | 

Special order, bill to divide North Carolina 
into nine Congressional districts, came up. 

Mr. Worthington stated that no other 
plan could be devised that would give more 
general satisfaction. It was the result of 
laborous consultations of the committees 
upon the passage of this bill. 

Mr. Bledsoe asked for the yeas and nays. 
So ordered, and it passed its third reading 
by a vote of 62 to 40. ' 

The next s ecial order, the bill in regard 
to the fees of sheriffs, was amended, the 
question being upon the adoption of the 
amendment of ‘'r. Holton, striking out the 
clause allowing mileage. 

Mr. Hayes, of Robeson, an amendment: 
to strike out 5, in section 25, and insert 
21-2. Adopted. 

Mr. Person, an amendment allowing fifty 
cents for granting a license, and fifty cents 
to the register for recording. (Withdrawn.) 

Mr. Bunn, to amend by adding at the 
end of section 25, ‘‘Provided, the process 
is served instanter, and the distance a 
tually traveled.” Adopted. - - 

“yr, Stanford, provided that the provis 
ions of this section (25) shall not apply to 
proceedings to obtain dower, or for part 
tion of real estate. Adopted. a 

There was considerable debate on each 
amendment, and after the House had been 
so engaged for a long time, Vr. Robins 
moved to lay upon the tabk, and on this 
asked for the yeas and nays. f 

Not sustained; the House refused té 
table. ; 

The question then was upon the adopt 
of the amendment of tr. Holtor 


by making } 
















led, and the bill then passed its sec- 
id reading. 
he bill in relation to the fees of the 


d after a few amendmerts. was laid on 
the table, upon motion of Mr. Robins. 
ny SPECIAL ORDER. 
Resolution in favor of the 
aimed in the late war. 
- Mr. Stanford made an able speech in 
+ its favor. 
Yr. McCotter said he was in full accord 
- with the gentleman from Duplin. 

oe Mr. Strudwick wished to know how 
» much it would take out of the Treasury to 
~ make this appropriation. 

_ Mr. Stanford—The Treasurer says $75,- 
~ 000 will be suffi sient. 

' Mr. Harris, of Davidson, moved to 
» amend by giving $100 to each widow who 
lost her hushand and is still a widow. 

' Mr. Bridgers—To amend by providing 
' that all colored soldier. in the Federal army 
who were disabled in the late war be al- 
lowed an equal pro rata portion of the 
> $75,000. Lost. 
' At this stage of the debate Mr. McLoud 
“made a very eloquent and affecting speech 
' in support of the bill. 

' yr. Holt, in reply to the gentleman from 
_ Pamlico, who wanted each county to take 
' care of its soldiers, said when the war 
_ began they did not volunteer as county sol- 
' diers, but as State troops, and that the State 
’ should extend this aid to them now. 
» Mr. Hayes, of Robeson, a Union sol- 
) dier. spoke in favor of the bill, saying it 
was but just and right to come to the as- 
- sistance of these gallant men who responded 
) so nobly when their country called. It 
' would give him the greatest pleasure to 
vote for this bill. 
Mr. Forbis made an excellent speech in 

» favor of the bill. 

( Mr. Sutton offered an amendment to add 
’ after the last section: ‘‘And all colored men 
_ who lost their limbs working on breast- 
) works, and other works, while engaged in 
» the late war of the Confederate States in 
the Confederate service. 
- ¥r. Green, of Franklin, spoke in support 
f theamendment of » r. Sutton. 

vr, Sherrill favored the amendment 
ae by Mr. Sutton and supported the 
— bill. j 


soldiers 























r. Sutton’s amendment was adopted. 
The question was now upon an amend- 
ent ot vr. Tate, to insert “indigent” be- 
‘fore the words ‘‘ofticers and privates,” wher- 
ever they occur. Lost. 

~ Upona call of the roll, the bill passed its 
cond reading by a vote of 81 to 21. 

Yr. Strudwick hoped the bill would be 
rfected on its final reading. 

iy. Rose was in favor of the bill, but the 
endments were totally inconsistent with 
should be properly perfected. 


of 





wikia At its Regular Session, 1888. , 


erks of the Superior Court was taken up, - 














After fu.ther discussion the bill was re- — 
ferred to the finance committee with re- 
quest to report on Monday. ital 

The bill (o encourage and support the 
State Guard was taken up and discussed for 
a few minutes only, when the Speaker an 
nounced the hour of adjournment. i 

[Norze.—We statedin yesterday’saccount ~ 
of the debate on the question to abolish ~ 
the office of county superintendent that Mr. 
Mitchell “hoped the office would not be 
abolished.” We should have said it was 
Mr. “cAlister who made these remaks. ] 

[When the bill to raise revenue was being 
discussed in the House, Mr. Cheek, of 
Orange, said he was not here only as a | 
dcaler, but as a representative of his people, 
and also as a iepresentative of the liquor ~ 
deale s of the State. He had sent a copy © 
of the bill to leading dealers in the State, — 
and they were all pleased with the bill, and 7 
desired the bill passed without amend 
ments. He had been a dealer for twelve 
years, and claimed to know what would 
satisfy the Gealers, and at the same time if 
was just and right to the State and coun- 
ties, and he hoped all amendments would be 
voted down. | 





SENATE. 
NIGHT SESSION. 
Sarurpay, March 3, 1883. a 

Resolution of instruction to the Attorney — 
General as to the Seaboard and Roanoke 
Railroad owning stock in the Carolina Cen- 
tral Railroad (joint resolution) was adopted. 

Bill to prevent the sale of liquor in two 
miles of Malloy’s Chapel, Richmond county, - 
passed its third reading. A) 

Bill to incorporate the Independent Order ~ 
of Good Sons and Daughters of the Hast, © 
passed its third reading. 

Bill for the support of the penitentiary 
and convicts for the years 1883-84, passed 
its third reading. 

Bill authorizing a special tax in Cabarrus) © 
to complete the road from the depot to the — 
town of Concord, passed its third reading— 
yeas 30, nays 1. * 

Bill for the relief of the creditors of the — 
former town of Fayetteville and for other ~ 
purposes, passed its third reading—yeas 30, 
nays 1. : : 

3i1l to amend the charter of the town of — 
Asheville passed third reading—yeas 27, 
nays 0. 

Bill to amend the laws incorporating 
Rockingham, in Richmond county, passed 
second reading—yeas 29, nays 0. 

Joint resolution, authorizing pay to W. 
H. Cowell, chairman, of the actual expenses 
of committee investigating Western Insane 
Asylum, passed third reading. 

Bill to prohibit irsurance companies 
authorized to do business in this State from 
discriminating in their charges against 
North Carolina policy-holders passed third _ 





234 


reading. 

Bill to change the t mes of holding Su- 
perior Courts in Surry ard Stokes, in the 
Seventh judicial district, passed third read- 
ing. 

Bill to incorporate the t. wn of Andrew, 
in Buncombe, passed third reading. 

Bill to amend the charter of ‘Winston, 
passed third reading. 

Bill to incorporate the Cashie and Chowan 
Railroad and Lumber Company, passed 
third reading. 

Bill for relief of the tax payers of Wake 
peuniy: passed third reading. 

Bill supplemental to and amendatory of 
bill to incorporate the Loftin Silver Lead 
Mining Company, passed third reading. 

Bill relative to sale of liquor at Elizabeth- 
town, passed third reading. 

Bill to amend section 1984 of the Code,” 
passed third reading. 

Bill to incorporate the town of Maiden, 
in Catawba, passed third reading, yeas 27 
nays 0. 

Bill to establish graded schools in Tar- 
boro township, in Edgecombe county, 
passed third reading, yeas 30, nays 0. 

Bill to establish a public ferry on Great 
Pee Dee river, with amendment from Mr. 
Pemberton that the bill shall have no effect 
till a public road is laid off by the commis- 
sioners of Yontgomery and Stanley, passed 
third teadinz. 

Bill concerning the manufacture of 
brandy, in the co: nty of Mitchell, passed 
its third reading. 

Bill to amend the charter of the town of 
Troy, in Montgomery county, passed its 
third reading. 

Bill to provide for paying jurors of the 
Superior Court per diem in cash passed 
its third reading. 

Bill to amend chapter 102, laws of 1881, 
concerning fences, passed its third read- 
ing. 

Bill to establish a graded road in Wilkes 
and Ashe counties passed its third reading. 

Bill to prevent the felling of trees, &c., 
in Grant’s"creek, Rowan county, passed jts 
third reading. 

Bill to aid the Ladies’ Memorial Associa- 
tion of Raleigh. Referred to the commit- 
tee on finance. 

Adjourned. 


HOUSE OF REPRESENTATIVES. 
NIGHT SESSION. 
Saturday, March 3, 1883. 

The following bills passed third reading : 

To authorize the chairmen of the finance 
committee of the several counties of this 
State to administer oaths. -. 

To enable the people of Cumberland 
county to establish a free bridge across the 
Cape Fear river. 

To prohibit the sale of spiritous liquors 
within five miles of Peterson’s church, 
Yancey county. ‘ 


Proceedings of the General Assembly of North Ce 













































To incorporate Wesley Chapel cli 
and camp ground, Catawba county. — 
To provide for ascertaining the outst: 
ing indebtedness of the county of Frankl 
and to provide for the payment thereof. — 

Act to prohibit the sale of intoxicating 
liquors in certain localities in Vadison Co. 

Resolution in favor of C. H. Wiley. ch, 

In regard to receiving certain persons” 
into ‘iy asylum for the deaf, dumb and the 
blind. . 

Under a suspension of the rules the bill 
for the support of the institutions for the 
deaf and dumb and the blind. [Appropri 
ates $36,000—5,000 for the improvement 
and repairs of both the asylums. ] » <a 

Concerning the town of Middleburg, in 
the county of Vance. i 

To authorize the town of Statesville to 
re-bond its bonded debt, passed its third 
reading. 

Amendatory of an act to repeal that por-— 
tion of chapter 282, laws of 1879, that re-— 
lates to towns and villages in Bertie county, 
passed its third reading. 

To incorporate the Colored Orphan Home 
of Eastern North Carolina, passed its third 
reading. ; 

To incorporate Yt. Vernon church, in the 
county of Mitchell, passed its third reading. — 

To incorporate the town of Princeville, 
Edgecombe county. 

Mr. Bridgers spoke in favor of the bill. 
He hoped it would pass. ‘‘It will give better 
protection to the inhabitants of the town. 
If the persons affected do not desire incor- 
poration they can vote against it, as the © 
question will be submitted to the qualified 
voters. JI have examined the petition sent 
up against this measure; they are respecta- 
ble citizens. It is due to them to say this, 
but I hope the bill will pass.” 

To incorporate the town of Chadbourn, 
in Columbus county, passed its third read- 
ing. ; 

To amend section 5, chapter 192, laws of 
1876-77, relating to the government of the 
city of Wilmington, (requires a voter to give 
his block andsnumber before he can vote), 
after considerable discussion, was made 
special order for Monday night. 

To incorporate Palmer Island Cub. 

To charter Lightwood Creek Canal Com- 
pany, passed its third reading. 

To amend chapter 247, laws of 1881. — 
Second reading. 

To create a stock law in Jones and Pam- 
lico counties. 

Mr. Page, of Jones county, opposed this 
bill, and upon motion it was indefinitely 
postponed. P 

To repeal chapter 316, laws of 1881. Third 
reading. . 

To incorporate the Acme Manufacturing 
Company. Third reading. | - 


To amend chapter 33, private laws of 
1881. Third reading. ~ . 








































__ To incorporate the North Carolina Savings 

Bank. Third reading. 

Act to establish graded schools in Lenoir, 

Caldwell county. Third reading. 

__ To secure the better draining of Kildee 
Swamp, Sampson county. Third reading. 

- To establish a graded publish school at 

‘Magnolia, Duplin county, passed second 

reading. 

' To amend chapter 234, laws of 1881, 

_ passed third readings. 

To empower E. R. Stamps, presi- 

_ dent of the board of directors of the 

' penitentiary, to make deed passed third 

reading. 

__ To establish a graded school in Shoe Heel, 
Robeson county, passed seeond reading. 

_ To prevent felling of timber in certain 

streams in Yancey county passed third 

reading. : 

__ Relative to the county treasurer of Cleve- 

_- land county passed third reading. 

To establish a new township in Yadison 

county passed third reading. 

To enforce the better drainage of lands 
- in Lenoir county passed t'ird reading. 

To amend charter of town of Shoe Heel 

» passed third reading. 

_ To authorize commissioners of Greene 

_ county to pay Mrs. E. Jenkins for teaching 

' a public school. ; 

' _Tochange name of Bruce township, in 
Guilford county, to Summerfield. 

Act in reference to the public schools of 

. Raleigh. 

_ Adjourned. 


SENATE. 


FIFTY-THIRD DAY. 

Monpay, Yarch 5. 
SrnatTE.—The Senate was called to order 
at 10 o’clock. 

_~+ Mr. Womack moved to have the journal 
_ reading dispens°¢ with, but Wr. Strayhorn 
' objected, andthe journal was read. 

At 10.30, that portion of the journal be- 

ing read Vr. Strayhorn wished to hear, he 
' moved to dispense with the further read- 
ing, and it was so done. 
___ ¥r. Whitford, several petitions from the 
citizens of Lenoir, Jones and Craven, ask- 
ing for poll tax receipts to be shown in 
_ voting, the State constitution to be so 
amended. 


J pucle 6, of the constitution of North Caro- 
dina. 

__ ¥r. Whitford, resolution in relation to 
justices of the peace, that the joint commit- 
tee shall report a separate list on Monday, 
March 5, and at 7.30 p. m. of that day the 
election be gone into. Also resolution to 
compensate the clerks on the committee of 
appointment of magistrates. 

_ r. King, of Pitt, bill to amend the char- 
if the town of Bethel, in Pitt county. 


At its Regular Session, 1883. 


Mr. Whitford, bill to amend section 1, | 





235 


Mr. Richardson, a bill to prohibit sale of 
liquor in one mile of Wilson’s mill in John- 
ston county. 

Mr. Loftin, petition from E. L. Hazleton 
and others, asking an amendment that the 
sale of liquor be prohibited in one and a 
half instead of three miles of Edwards’ 
Chapel, in Lenoir connty, of laws 1876-77. 

Bill to incorporate Rich Square in the 


county of Northampton, passed second 


reading, yeas 31, nays 0. 

Bill to incorporate the town of Conover, 
in Catawba county, passed third reading, 
yeas 31, nays 0. 

Bill to incorporate the town of Palmyra, in 
Halifax county, passed second reading, 
yeas 27, nays 0. 

Bill to authorize the board of county 
commissioners of Person county, to levy a, 
apecial tax for building a railroad from 
Roxboro, passed second reading, yeas 33, 
nays 0. 

Bill to incorporate the town of ebane, 
in Alamance county, passed second reading, 
yeas 30, nays 0. 

Bill to establish graded schools at Rocky 
Yount, in the counties of Nash and Edge- 
combe, passed second reading, yeas 27, 
nays 1. 

Bill to regulate the repair of public 
bridges in the county of Onslow, passed its 
third reading. 

Bill to authorize the commissioners to 
levy a special tax for building a bridge 
across Neuse river, near Kinston, passed its 
second reading—yeas 27, nays none. 

Bill to authorize Vance county to levy a 
special tax for building a court house, 
passed its second reading—yeas 26, nays 3. 

Bill to incorporate the town of Wood- 
land, in Northampton county, passed its 
second reading—yeas 28, nays none. 

Bill to incorporate the village of Leons— 
burg, in Hyde county. passed its second 
reading—yeas 30, nays none. 

Mr. Womack, by consent, a bill to desig- 
nate the places for comparing the polls for 
members elect of the several Congressional 
districts. 

Bill to levy a special tax for the county of 
Rockingham, passed its second reading— 
yeas 30, nays 2. 

Bill to incorporate the town of Harrels— 





| ville, in Hertford county, passed its second 


reading—yeas 33, nays none. 

Bill to establish a graded school in Hali- 
fax township, in the county of Halifax, for 
the colored children, passed its second 
reading—yeas 31, nays none, 

Bill to authorize the commissioners of Le- 
noir county to levy a special tax. Passed 
second reading—ayes 30; nays 1. 

Bill to incorporate the towu of Smithfield 
in Johnston county, passed second reading; 
ayes 32, nays none. 

Bill for the improvement of the streets of 





6 ee re 








and voted down here; 


Bet 
a Petey 


236 


the city of Greensboro. passed second read- 
ing; ayes 31, nays 1. 

Bill to incorporate the town of Pates in 
Robeson county, passed second reading ; 
ayes 82, nays none, 

‘iv. Morehead, by consent, a bill to change 
ihe time of holding courts in the seventh 
judicial district, which was placed on its 
readings and passed the Senate. 

Bill to designate the places forcomparing 
the poll for member ofyCongress from the 
several Congressional districts was referred 
toacommittee of conference composed of 
the Senator from Orange, the Senator from 
Chatham and the Senater from Nash. 

Fill to prohibit the sale of liquors in one 
mile of Wilson’s mill in Johnson county, 
passed third reading. 

Mr. Strayhorn moved that the bill for elec- 
tions be made special order for to-morrow 
at 12 0’clock. 

Vr. Battle hopedit would not be made a 
special order. 

Mr. Strayhorn’s motion to make it a spe- 
cial order was put, and on it he got theayes 
and noes—ayes 15, noes 17, so the motion 
did not prevail. 

Mr. Morehead said he had already found 
one error and some discrepancies in the bill, 
so he voted to make it a special order. 

The chair stated that under parliamen- 
tary procedure the bill is now before the 
Senate on its second reading on the Sena- 
tor’s own motion, by which the rules were 
suspended, and the bill came up. 

Mr. Scott, of Rockingham, moved that 
the bill be put on the calendar. It went 
there. 

Bill toincorporate the Salisbury Water 
Works Company, passed third reading. 

Bill to incorporate the Central Institute 
for young ladies, near Littleton, in Warren 
county, passed third reading. 

Bill to incorporate the Oxford Toll 
Bridge Company, passed third reading. 

Bill to incorporate the Slaterville and Ca- 
tawba Toll Bridge Company, passed third 
reading. 

Billto amend section4, chapter 15, pri- 
vate laws of 1881, passed third reading. 

Bill to amend chapter 58, private laws of 
1879, passed its third rehding. 

Bill to alter the line between the counties 
of Caldwell and Wilkes passed its third 
reading. 

#ill to prevent the obstruction of fish in 
Sandy Mush creek, in the counties of Bun- 
combe and Madison. The substitute was 
adopted, and the bill passed its third read- 
ing. 

Bun to authorize the commissioners: of 
Halifax county to fund and pay the debt of 
said county. i 

“yr. Purnell said it looked like we were 
going back on what we had done; that pre- 
cisely a like bill had been reconsidered 





he was informed « 


CS ee 
Proceedings of the General Assembly of or 































































from Halifax that the 
county were opposed to it, 
Mr. Battle said this was 
did not provide for the si 
he asked for certain papers 
which was done. eget 
Mr. Goodwyn opposed the bill, - 
Various Senators indulged in a_ 
cussion. Parr | 
The bill passed its secdnd reading 
22, nays 4. 4 tog 
Bill to make valid registering of 
giving clerks of Inferior Courts p 


order registering of deeds, &c, 
Dortch’s bill) passed third reading. a 
Mr. King, of Cherokee, resolution 
joint committee, three of Senate and 
of House to prepare resolutions of 
pathy on the death of Alex. 8. Step 
Georgia, and directing keeper of the cap 
to have flag at half mast during the da 
adopted. y ' 

B.1] to compensate servants of the vari 
State departments, passed third reading. 
Bill permitting Judge of Craven Super 
Court to extend term from two tot 
weeks in certain cases, passed third readin 
Bill supplemental to bill to amend cha 
of Granville Railroad Company, striking out 
Caswell and inserting Surry, (Mir. Watson 
bill) passed third reading. ee. 
Bill to drain the lowlands pf Albert's 
Creck in Forsyth county, passed third 
reading: ? ive 
Bill to drain the lowlands of Spurge 
creck in Forsyth county, passed ti 
reading. oe 
Bill concerning duties of the mayor and 
board of alderman of Goldsboro, passed 
third reading. pai pat 
Bill to amend chapter 225, laws 1881, rel 
ative to relief of former sheriff of Perqui. 
mans, passed third reading. aias 
Mr. Poole moved to suspend the | 
to take up the bill on elections. * 
Mr. Purnell rose to a point of order 
the calendar had been placed in the hand 


of the chair. aca i 
said he did hope 


a 
Mr. Strayhorn 
Democratic friends on this floor w 
show suflicient fairness and considerat: 
for the rights of the minority to give ther 
time,to consider this bill. ¥ 
, Mr. Poole said it was but some amen 
ment of the old law, and that the purp: 
of the opposite side was to stave off t 
bill and kill it. x 
Mr. Strayhorn said the opposition 1] 
never shown adesire to obstruct legislati 
he had refused to entertain any such, 
this very morning, and he did hope it 
not the intention of Democrats here u 
the gag—law to pass this measure ov 
heads of the minority. . 
Mr. Loftin considered this bill 
mous measnre, and he conside 
duty as a State. representative 










































igainst a measure that would bring any 
party into disrepute; he protested against 
aking up this bill when he, for one, hon- 
estly and deliberately declared that he had 
' not had time to investigate it ; in his district 
were Democrats who would scorn to do 
wrong; and pass this bill now over 
their heads and he said to the Senate they 
would hear from it. 

Mr. Strayhorn demanded the ayes and 
noes on the motion to snspend the rules. 
Ordered. Ayes 12, noes 19, so the Senate 
refused to suspend the rules. 

Bill to require fire-proof: apartments for 
the records of counties. 

_ Bill for the commissioners of Madison 
' county to open a public road, with amend- 
ments of the committee adopted, passed 
third reading. 

Bill to regulate the trials of actions 
brought by servants against masters, passed 
third reading. 

{Norz.—Senator King, in his speech last 
Saturday to the bill for the sale of the 
State’s interest in the Western North Caro- 
lina Railroad, did not say that the wealth 
of Pennsylvania was ina measure depend- 
ent on the miner.] resources of Cherokee, 
but thata large portion of the wealth of 
| that State was the result of its mineral 
_ products, brought about by penetrating 
such sections as Cherokee with railroads. 





HOUSE OF REPRESENTATIVES. 





Monpay, Varch 5. 

The House met at 10 o’clock, Vr. Worth- 

_ ington in the chair. 

The reading of the journal was dispensed 

with. 

RESOLUTIONS. 

Mr. Overman, in favor of the principal 

_ and assistant doorkeepers. 

i BILLS. 

Vr. Stanford, relating to powers of clerks 

of the Superior Courts, 

Mr. Bailey, of Mecklenburg, to prohibit 

free passes on railroads to certain persons. 
Mr. Johnson, of Johnston, to repeal so 

' much ef chapter 234, section 3, as applies 

to certain churches in Johnston county. 

Mr. Liles, relating to the stock laws in 

Burnsville township, Anson county. 

_ Ucder a suspension of the rules the bill 

_ authorizing the directors of the State peni- 

- tentiary to furnish certain stone work to be 

_ used to erect a monument to the Confeder- 

' ate dead, at Goldsboro, N. C., was taken 

‘up and passed its third reading. 

 YVhe revenue bill was taken from the eal- 

endar. 

_ Mr. Bailey, of Mecklenburg, an amend- 

- ment that in case the board of county corm- 

“Missioners shall refuse to grant such order 

‘they shall, upon request, cause to be put 

(pon their minutes the facts as found by 

in relation thereto, and failing or re- 





At its Regular Session, 1883. 








237 


fusing so to do shall be, deemed guilty of a 
misdemeanor, and upon conviction shall be 
fined or imprisoned, in the discretion of the 
court. Lost. 

Mr. Abbott, to amend by adding at the 
end of section 37, ‘“The fee of sheriff shall 


i 


a 
; 


be fifty cents, and that ‘of the register of — 


deeds twenty-five cents.” Adepted. 

“yr. Robins, to amend section 52, strike 
out all after the word “‘four,” in line 5, to 
the word ‘‘the,” in line 8, of said section. 

Also in line 9, of section 23, strike out 
“any surplus,” and insert in place thereof 
“said money.” Lost. : 

Mr. Bunn, to amend section 27, by add- 
ing in line 14, ‘‘Any merchant, dealer or 
agent, selling sewing machines otherwise 
than is provided in this section, shall pay a 
tax of ten dollars in each county on the 
machines of each manufacture sold by 
them.’’ Lost. 

My. Holton, to amend section 52, strike 
out all after the word ‘‘company,” in line 
three, and insert, ‘‘The same shall be dis- 
tributed among the several counties of the 
State for cducational purposes, according 
to the number of children between the ages 
of six and twenty-one.” Lost: 

The amendments offered by Mr. Tate to 
strike out ‘‘84,” in section 2, and insert 
Dini a yal 

To strike out 28 and insert 25 in section 
4, and in section 26 after ‘“‘shail be” insert 
‘where the sales do not exceed 500,000 
pounds and not exceeding 1,000,000 
pounds,” and after $50 in line 3 insert 
“over 1,000,000 pounds, $75. Every person 
or firm liable to tax under this section shall, 
within ten days after 1st of May and No- 
vember in each year, deliver to the register 
of deeds a sworn statement of the tofal 
amount of sales for the preceding six 


| months ending on 30th of April and 21st of 


October. The sheriff shall collect the tax 
without delay,” were then adopted. 

The bill then passed its final reading. 

The special order bill for relief of dis- 
abled soldiers—was taken up and passed ifs 
final reading with an amendment attached 
that it was not to apply to those owning 
property above the value of $1,000. 

The bill to reorganize the Agricultural 
Department. The minority report was 
read. 

Mr. Green, of Franklin, was cpposed to 
it. The question of organizing a Depart- 
ment of Agriculture was a matter of great 
concern. The welfare of our people rested 
chiefly upon two great pillars—agriculture 
and education. 

This bill proposes to tear up root and 
branch the organization of this bureau; he 
could see no reason for this. No murmurs 
had come to his ears. 

The change providing for a director from 
each Congressional district met with his 


@ 


Mae ‘ ; 

fF P2238 Proccedings 

| 

ef 

i” “approval. This was wise, prudent and well 
considered. 


Kye 
ve Thought the Governor .of the State, the 
president of the University and president 
of the State Agricultural Society should be 
| upon the board, the latter having peculiar 
opportunities to consult with farmers and 
__ ascertain their wants. 

Mr. © cCloud spoke in favor of the re- 
~ port. There was a demand for a reorgani- 
~ zation. We wanted direct representation. 
~ Our cotton and tobacco interest and the 
great corn regions of [Hyde should be rep- 
resented on this board. ; 





preside, he can get all the information that 
others have and lay it before this board. It 
was the unanimous opinion of this Assem- 
bly that Mr. Holt should be on this board. 


Pa Mr. Person, to amend by saying that the 
board so reconstructed shall elect its gwn 


members. 
Fi Mr. Person—There is nothing of more 
' importance to me than the agricultural in- 
~  perests of this State; had no phyestion to 
~ anyone. The farmers dema.d the change, 
and it is nothing but just to consider their 
' wants. A change is essential to make the 
-- farmers feel they are properly represented. 
re Yn. Lenoir spoke against the minority 
‘report; thought the majority report made 
better provision for the successful manage- 
ment of this department. It proposes to 
retain the heads of the Agricultural Dept. 
und the president of the State Agricultural 
_ Society. These gentlemen were men of 
— talent and experience. If these men are 
thrown out it will be considered a slur 
upon them, an act of injustice. They de- 
served the thanks and gratitude of the 
State. iN 
Mr. Holt, an amendment—‘‘That when- 
~ © ever any manufacturer shall have paid the 
~ license tax of $500 their goods shall not be 
liable to any further tax, either by city or 
county. Adopted. 

r. Leaser—To amend as follows: Any 
dealer in fertilizers who may have on hand 
a quantity not exceehing ten tons whenthe 

‘license for the year expires, shall not be 
* prevented by the provisions of this act or 
any other act from selling the same without 
Adopted. 

5 r. Leazer, in opposing the minority re- 
‘port, urged caution. They should look 
well before changes are made. Who can 
say this department has not worked well? 
' This department was nursed in its cradle 
_ by the few able men composing its board: 
faithful to their trusts—men of great integ- 
~ vity and honor—let them be retained. There 
owas always complaint. If a change was 
~ made in two yearsfrom to-day you would 
hear some one say his county or his town- 
" ship had received no benefit. 

- Mr. Frazier was in favor of the minority 
report. A change was needed. Nothing 
Ant ould be done that would jeopardize this: 

} eh 4 ; 


Bb (2 





a further taxes. 


ty 
; Wa 

















As a compliment to the Governor let him 








of he General Assembly 


| men had said that the office — 


Peay dia Lc allie 





























































great interest. There 
to this tenure of oflice tak 
The governor changed his offi 
four years. ; oe 
-y, Frazier, the dominant p 
continue, which is the same thin 


We provided by this bill t 


them. aig 
‘ r. Holt stated that he nad alvonds 
his views om this subject so far as} 
members are concerned. Acco! 
charter of the State agricultural s 
its president is elected every twelve 
The Grange Master is elected ev 
years; the Governor every four — 
The President of the University 
pleasure of the trustees. This arg) 
amounts to simply nothing. Did not 
which bill was passed. he was the 
one here to defend their acts. 
this complaint come from? What 
had they done? Construe it as you 
unless some particular charge is made the 
public will regard it with suspicion. The 
Presidents of the State Agricultural Soc 
have all been farmers. As for himself ly 
office of president will expire next Octob 
when he expects to retire, and of course 
will not be upon the board. The old boz 
have discharged a debt of love for the 
six years, the good results ate beginning 
be realized, und now it is proposed to 
capitate them with no complaint file 
Hoped the report of the minority would not 
ass. : ; 
: r. Barrett, made no reflection upon 
one. Hoped the gentleman from Alaman 
would be one of the board; considered | 
a faithful officer. Thought the farm 
should have a showing. 
r. Forbis, would be glad to have tlic 
gentlemaz see Alamance on the bo: 
There was nb reason why the President 
the University should compose one of 
board. We should heed the public demant 
when we do not sacrifice principle. 
Mr. Simmons said that as a fair and in 
partial juror he had not heard a single re 
son why the four gentlemen of the ¢ 
board should be displaced. We can ele 
nine additional members. If they can’t 
control the board it is their fault. If their 
interests conflict they would out vote 
them. : 
Mr. Barrett here explained why he signe 
the minority report. Understood that 
would not displace the old board. Since 
was to be done would not yote for it. 


-r. Williamson said: I would be 
from casting a vote knowingly, that wo 
in the least reflect on the present mem) 
but [am in favor of selecting one mem 
from each of the nine Congressional 
tricts, headed by the Governor, and T an 
favor of making my distinguishec 
from Alamance president of 
, i] t “ - - 


some, 


ne 


i 
s 














































orth arolina will sustain me in if. 

r. Robins: This was the most perfect 
specimen of great cry and little wool he ever 
saw. If there is any clamor against the 
‘board he never heard of it until he came to 
Raleigh. Everybody was satisfied in his 
‘county. It had accomplished good, he 
lieved. The department should be main- 
“tained. For an idle clamor do you want to 
destroy its organization. 

- The amendments of ‘essrs. Holt and 
eazer were put to a vote and lost. 

_ The question was now upon the adoption 
of the minority report as amended. Lost— 
yeas 43, nays 45. : 

_ The majority report was read two times. 
» Mr. Tate moved to amend by adding 
“another section: ‘‘That the Board of Agri- 
' culture be authorized and directed to to set 
“apart and appropriate annually, out of the 
/money received from tax on fertilizers, the 
“sum of $500, for the benefit of the North 
Carolina Industrial Association, to be ex- 
) pended under the direction of the Board of 
| Agriculture. Adopted. 

» ‘The amendments that were adopted for 
the minority report were then withdrawn 
‘and made to apply to the majority report, 
/ when the bill passed third reading. 

© =Adjourned. 


é 
a 


Ww. MN. 0. kK, RK BL. 





) Speech of Senator Payne on the W. N. 
mo. ty. R. pill. 

He had listened with interest to the able 
“argument of Senator Watson and to the 
"speech of Senator Jones, which was an ex- 
“haustive presentation of the facts why this 
“measure should not pass with reference to 
‘his own section of the State, but we are 
here to legisla efor the whole State, not for 
-a section. The Senator then gave a history 
)of the W. N. C. R. R.; its sale under mort- 
) gage and purchase by the State in 1875; the 
uissue of $850,000 of bonds with interest 
“guaranteed by the State to pay off the debt; 
is sale in 1880 to est; the re-organization 
forming a new company. He declared that 
‘the result fully shows the wisdom of. that 
sale, and it reflects the highest credit for 
isdom and prudence on those then acting 
for the State. What was then all but hope- 
ess has now become almost accomplished. 
‘The road has been built to Paint Rock, and 
‘the western section of the State is being de- 


ithful compliance with their contract so 
', in grading ‘vest from Asheville towards 
turphy, now, when they come before the 

neral Assembly and’ sxy they find it im- 

ssible to raise funds sufficient to com- 
te the road to Murphy and to carry/out 
contract as provided in the act of 1880; 


« 








loped, and now the assignees, after a- 











well-nigh impossible to raise one cent on 


these bonds—520,000 of which are now 
deposited with the treasurer of the State— 


now, when they »ropose to pay $600,000 to 


the State in order to be afforded the relief 
they ask, and are willing to be bound by 
the contract except in this one particular, 
I think it should be given them. 

These gentlemen, the assignees, say that 
they are in earnest about this matter, which 
looks to the development of North Caro- 
lina, and they are willing to be bound for 
the early and speedy completion of this 
road to a point on the Tennessee rtver at or 


near the mouth of the Nantahala. They say — 


furthermore that with the view of meeting 
the demands of those who represent that 
section of the State around Cherokee, they 
are willing that fifty of the convicts shall, 
Within sixty days after the ratification of 


this act, be kept continuously employed in | 


grading the read and in the completion of 
it to Murphy. Now, sir, I desire to submit 
to this Senate six reasons why, to my mind, 
this bill shoujd become a law : 

First. As a pure financial transaction 
there will be placed in the treasury the sum 


of $600,000 in cash as the result of the sale 


of, the Western North Carolina Railroad. 

Second. The State of North Carolina 
wants this money and can afford to grant 
the relief asked for. 

Third. This sum will be the net proceeds 
of the sale of the Western North Carolina 
Railroad, the State and its railroad being 
relieved of the debt of $850,000 and the in- 
terest thereon. ; 

Fourth. By this transaction the State is 
practically assured of the further 
better development of her territory. 

Fifth. The building of the road to Mur- 
phy alone secures no immediate benefit to 
the State and delays the material develop- 
ment of Western North Carolina. 

Sixth. The true policy of the State is to 
own no more railroads, and by this trang- 
action the State rids herself of the contin- 
ecney of this road being thrown back upon 
her hands. 

These, I state sir, are the reasons, sub- 
stantially, which have induced me to come 


to the conclusion that this measure of re-— 


lief is one that this Assembly ought to pass 
before it adjourns. 

It has been stated:in the axzument of the 
Senator from Forsyth that the State of 
North Carolina would not be injured— 
would suffer no detriment if this road was 
thrown back into its hands. It is now 
rather Jate to hold that it would 
be expedient that this road should 
be surrendered under any cireum- 
stances to the State. It has been 
stated that this matter has assamed some- 
what of a political element. As I under- 


they find the outstanding bonds are | stand it, there is no element of politics en- 
ly 20 cents on the dollar; that itis | tering into it. It is a question of finance. 





and — 


r c mae eS a ee 
——— eae ee ee a i Se Oe 


EE nS ae ee ee 








yo pO ay 


) 
1G 





cotton belt of the South. 





240 


It is a question of business. It is a ques- 
tion which comes before this Assembly 
from business men who ask after they have 
developed the State, that they shall be 
afforded a certain measure of relief which 
will be of benefit to them and at the same 
time aid the State in the development of its 
own territory. I call the attention of Sena- 
tors to sections 18 and 19 of the act of 
1880, and I present to them this idea. Sup- 
pose the Western Road was to fall back on 
the State what would be the position of that 
corporation? Under the provisions of sec- 
tion 18, six directors would be chosen on 
the part of the State, three on the part of 
the stockholders, and three on the part of 
the Clyde syndicate. Now, the question is, 
who are the owners of this private stock ? 
This syndicate are the owners. Then you 
have this to contend with—a vote of six 
on the part of the State and a vote of six 
on the part of this syndicate. I have con- 
sidered what would be the effect were such 
a state of affairs to exist, and I do submit, 
sir, that if you had such a state of affairs 
as this, the State would be fhvolved in the 
same complication substantially that she was 
involved in before the sale was effected in 
1880, and remember also that when this road 
comes back to you it needs to be équipped. 

I stand here and protest against any leg- 
islation which will bring about the result 
either directly or indirectly, of the State 
again assuming the control of this road. I 
have stated that the developments which: 
have transpired indicate and testify, to the 
wisdom of the present administration, and 
of the General Assembly in the sale of this 
road. Nowthen, lcome to this question: 
How is it possible, when a road has been 
graded, completed and equipped from 
Asheville to the mouth of the Nantahala, 
and $600,000 in cash has been placed in the 
vaults of the treasury of North . Carolina; 
how is it possible, I say, that the State can 
meet with any detriment in such a transac- 
tion? Some of our friends would have us 
believe that these people are not sincere. 
Now I wish to state that Iam the friend of 
no corporation. I stand here representing 
the best interests of the State of North Car- 
olina, and when I examine the territory 
through which this road is to be extended, 
and see that after it is constructed to the 
mouth of the Nantahala, it will be but thir- 
ty miles from,€layton on the Rabun Gap 
branch, and only twenty-five or thirty 
miles from Maryville to Knoxville, I nat- 
urally reach the conclusion that there is no 
corporation on the face of this globe that 
could afford to stop at the mouth of the 
Nantahala, and not extend its road to con- 
nect the Mississippi Valley, with the great 
It is true, as 
stated by the Senator from Forsyth, that 


there are no provisions in this bill which, 


‘by limitation or otherwise. require that 


Proceedings of the General Assembly of 








iy 
Pi 
y <a 
North Carolina 
Pin * 
these branches towards th 
and towards the Tennessee li 
built simultaneously, but 1 subn 
matter must be viewed in a busine 
and I again say that no corporation ¢ 
afford to build to the mouth of the N, 
hala, and then stop and do no more. | 
sir, he have heard a good deal about Mu 
Murphy is not#a seaport town, nor 
there a rai!road connection with any oth 
part of the State. We are told by the 
ator from Henderson, who so ably advo 
cates the claims of his section that this tow 
of » urphy is located upon a ledge of rocks 
in the mountains of North Carolina, ~ 
submit, sir, that it is a coneeded fact that 
when this road reached Murphy it wo 
find itself without connection in a section 
of the State where, from the lack of capital 
to be derived from its construction, it wor 
be comnelled to stop, and aline of railw 
would thus be built which would be pr 
tically a non-development of the State. B 
when the mouth of the Nantahala is reached 
we have practically secured a trunk line, 
The syndicate will be able to raise the 
money if the relief they ask is given, and it 
isa reasonable conclusion, one which. is 
based upon the faets prese).ted, that when 
the bonds are placed at their service, and 
they are able to raise the money upon 
them, a trunk line will be completed and 
North Carolina developed. ’ 
Speaking of the powers of railroad 
corporations, he said: What we need, sir, 
is more railroads in North Carolina, and 
while I submit that it would be the part of 
wisdom to see that they do not infringe 
upon the rights of our citizens with rezer- 
ence to discrimination; yet, sir, I am not 












































' 





one who is committed to the idea 
that we should be so contracted 
in our legislation, and so _ inimica 


to corporations proposing to develop the 
State, as to drive capital from the State. 
On the contrary, [am one in favor of for- 
ever holding up substantial inducements 
which shall bring to this good old Svate, ine 
which there is scarcely 1,200 miles of rail- 
road, s ich additional capital as will develop 
every part and every section of it. Now, 
supposing that this railroad is completed to 
Murphy, as desired by those in favor of the’ 
majority report, it would then find itself 
removed seventy miles from Cleveland on 
the Virginia and Tennessee road, a point 
which under the contract they would de- 
sire to reach—seventy miles—and whe 
they got there what would be the resul 
The result would be, vir. President, I a 
prehend, that they would have a conne 
tion with a corporation which seems d 
termined to gobble up and control eve 
connection that is made with it. A cor 
ation which has been unfriendly to 
corporation [Applause.] I stated i 
outset of my remarks that the polie 


ay 
‘ 
































































islature should be to enable this West- 
orth Carolina Railroad Company to 
evelop the State. I ask Senators to ex- 
mine thys map and see for themselves 
hat would be the future connections for 
s road upon its completion to the mouth 
the Nantahala., (He urged that the policy 
' the State was to let this company off 
om going to Wurphy and permit them to 
o to wlaryville.) 
ow, Sir, the gentlemen composing this 
mdicate come before us and say that they 
‘merely want the privilege of issuing new 
ponds which shall not contain the provis- 
jon that the mortgage may not be fore- 
osed until they reach the town of Murphy; 
and they do not ask that privilege or reliet 
‘at thehands of this legislature until they 
rst put into this treasury $600,000, and un- 
til they have completed and equipped the 
road tothe mouth of the Nantahala. Is 
that all? By no means. They say that 
they recognize that fhe section in which 
‘is located the town of Murphy has some 
right to be heard in this matter; and with 
 aview of tapping that territory and putting 
it in the way of development they will con- 
sent to keep fifty convicts continuously em- 
‘ployed upon the line westward. Now, 
what is proposed here by the friends of the 
majority report,? They propose that this 
syniicate shall complete the road to Mur- 
hy which will cost them one million of 
ollars and at the same time that they shall 


wil! cost them more than another million 
before this trade can be made. Now, Mr. 
President, I submit that these améndments 
‘would practically kill this bill, and it these 
ntlemen are opposed to any change of 
the Best contract then [ submit it is passing 
‘strange that they should offer these amend- 
rients and seek to crush this syndicate. 

If Senators will examine the matter they 
will find that the company has fulfilled all 
“iltS-obligations to the State. 

Why, sir, Senators do not reflect’ when 
ley argue against this measure, that incase 
failure to comply with the provisions of 
e bill the whole concern is forfeited to 
e State of North Carolina, and | suppose, 
sir, they have not reflected that there has 
been covered into the treasury regularly 
without intermission the interest on these 
bonds. If so, why then is it demanded 
¢ that any additional restrictions shall 
imposed? Isubmit, sir, there is no rea- 


4, 
4 
i 
4 


ecessary to impose additional restrictions 

clog to this bill. 

He argued that as this wasa new corpor- 
ady subject to the consti- 

n wlowing the Legislature 

odify the charter, 






paild a road to the Tennessee line which . 





' as a legislator. 





for it, and I refer to the wisdom of Da- | But while this is so, 1 felt it my duty all — , 


sand Ruffin, by whom this legislation of | 


age po cepamed, 10 Shows WaAw 1 is, not propositions before us to accommodate all 


have preceded this one during the present 
session of the Legislature, all looking to 


i ht 








































and no necessity exists for putting that pro 
vision in the contract.) We 2... 

I said that I was the friend of no corpo 
ation, but lam the friend of all corpor 
tions in the development of this State, and 
when I reflect that this Richmond and 
Danville Company, or this syndicate, has 
built the Air-Line road, at $20,000 per mile, — 
55 miles, amounting to $1,100,000; when 1 
reflect that it has built 73 miles of the 
Western Extension, at $20,000 per mile, at 
a cost of $1,460,000; when I contemplate 
that it has built the University road, 
nine miles in length, at a cost of $20,000 
per mile, and the Winston road, 20 miles 
in length, at $20,000 per mile, and has lik 
wise expended in-the way of development — 
of the industries of this State $80,000, 
making a total expenditure of $3,170,000 — 
in this State, Isay, sir, that this company, — 
I do not care what its name is, has erected 
in North Carolina a monument to its in-— 
dustry and zeal, and that it is entitled to 
some consideration at the hands of this — 
Legislature. 

Senator Costner rose and said : 

Mr. Presipent anp SENnAtors: I desire 
to make afew remarks in regard to the bill 
now before the Senate, to be entitled an 
act to provide for the sale of the State’s in- 
terest in the Western North Carolina Rail- 
road Company and for other purposes, and — 
to asslgn the reasons mainly which prompt- 
ed me to sign the minority report of the — 
committee on internal improvements in the _ 
consideration of this bill, and I promise the — 
Senate that 1 will be very brief as tothe _ 
merits of the .bill. The majority and — 
minority reports have been fully discussed 
both pro and con., and L know Senator 
must be wearied, and I have no doub 
made up their minds already what course 
they will pursue when they come to vote 
on the bill and the amendments. My di 
position has been from the beginning of the 
session as a member of the internal i 
provement committee, as well as a mem- 
ber on the floor of the Senate, to look first 
to the general interests and welfare of North’ 
Carolina in all her contracts with railroad — 
syndicates as well as all other railroad in- 
terests, believing that said syndicates on 
the one hand and the representatives from 
such districts of the State through which 
the roads were to run on the other hand, 
being directly and personally interested, — 
would look to their respective interests. 





the time, consulting the interests of all, to 
pursue a course on the various distinct 


parties when consistent with my plain duty 
I may say that I have pur-— 
sued as I think a strictly conservative 

course in regard to the several bills which | 





242 


uw change of contract with the assignees 
under what is known as the Pest contract, 
the assignees asking to be relieved of that 
provision contained on the face of their 
bonds, which forbids their foreclosure until 
the road shall have been completed to Paint 
Rock and Murphy, alleging that the bonds 
with that provision on their face make 
them unmarketable or non floatable bonds 
upon which they are unable to raise money 
so as to proceed with the stupendous work 
on their hands of building railroads through 
the mountains, and consequently ask that 
it be stricken out. On the other hand, the 
people of the extreme West through their 
Representatives and Senators are asking 
and demanding guarantees so as to secure 
the completiun to Murphy, in Cherokee 
county, as provided forin the Best contract. 
I, as amember of the committe on internal 
improvements, for myself, looking on 
from an unbiased standpoint, not interested 
except asa North Carolinian, a tax-pay er and 
representing a district on this floor, have 


' stood aloof, while the parties directly en- 


gaged in trying to agree upon some plan by 
which the’ relief sought for could be ob- 
tained, and the friends of the Murphy line 
satisfied that the syndicate or assignees 
would build their road to * urphy, believ- 
ing that the two interests or parties already 
spoken of were the first to reconcile in this 
matter, and if they could agree upon a plan 
or bill, that then our committee and the Sen- 
ate would necessarily have to determine for 
ourselyes and those whom we represent, 
whether the bill presented would secure the 
interest of the State with all parties inter- 
ested, without stopping to argue the merits 
or demerits of the several propositions con- 
sidered pro and con by the internal im- 
provement committee in the other end of 
the capitol previous to the one now before 
the Senate, it was manifest that the con- 
flicting interests could not be reconciled so 
as to agree upon either of them. Finally, 
it appears, however, (as in evidence before 

our committee) that one of the syndicate, 
Col. Buford, came to Raleigh, and he and 
others for the syndicate on the one part, 
and the friends of the Murphy line on the 
second part met together on several occa- 


‘sions, and I think on several days, and by 


mutual concession and agreement brought 
to light the present bill under considera- 
tion. It was introduced in the House and 
passed almost unanimously, and I confess 
that [knew nothing of such a bill until J 
saw an account of its passage in Tur News 


_ AND OpsERVER the next morning after its 
_ passage. 


This to me was an agreeable sur- 
prise; I may truly say I was delighted, as 


' Ihave no doubt most of you were who hear 
' menow. Upon inquiry of my room mates 
- Qvwho were House members) I learned it 
was acéOmpromise and.received the sapport 
of every western member except one. 


Now 








wi was | agrecnblif 1 
lighted ? 













































zeal and intelligence of the w n 
bers that they would aceept no ea th: 
not secure to them the same guarante 
perhaps better ones, than they already 
for an early completion of the road to: 
phy under the Best contract. ‘oneal iy 

2. ' ecause I had confidence in the 
esty and integrity of the parties repre 
ing the assignees of the ‘ est contract 
they were in need of relief, and that 
saw their way clear under the provision: 
this bill to obtain a part or perhaps all 
relief they needed or desired, and could go ~ 
on in the prosecution of the work of build: 
ing up the grand and long looked for re 
roads in the West. i 

3. Because upon an examination of 
bill I believed the State was as well secur 
in all her interests, and even making” 
good financial arrangement in the pro 
sions of this bill in the sale of the $520 
000 of the company’s bonds for $600,000 
cash, to be paid into the Treasury, and. for 
the further provision whieh this bill con-~ 
tains as amonded by the minority 
port of the committee, which requires #) 
assignees under the Best contract to receive” 
the convicts at the penitentiary and ret 
them again at their own expense, whereas 
now the State has to ineur this outlay un 
the present contract. 

4. Because I felt for myself, the coniaitl 
tee and for this Senate great relief in their 
labors, who have been nearly all the fi 
since we met, here brain sweating, laborin : 
and discussing the question of rai roads and 
the various interests and complications of ~ 
the State with them. 

These, —r. President, are the reasons 
mainly why I think this Senate ought to 
pass this bill, or which influence me { 
least to give it my support as being the ~ 
very best that can be done as I understand — 
it; that the syndicate have Joaded them: ~ 
selves now with all that they can carry; | 
that it is this bill or if is the Best contract — 
as it now is, with perhaps a pessibility and 
even a probability that the road may fall on ~ 
the hands of the State, which Ifor one do : 
not desire, as we all know by experience” 
that the State has never developed talent to— 
either build or construct and run railroads” 
as State enterprises profitably under the” 
circumstances surrounding us, and by thi 
I do not mean to disparage North Caroli 
virtue or talent, for I t ink we have 
good and capable men as any other Stat 
Territory in theseUnited States or elsewher: 

I for one would be entirely willing 
vote for the amendments proposed by the 
majority of the committee on internal im 
provements if I thought they could 
would be accepted, but [ am informed 
Col. Buford, echgec Te abe By 





















id to his Western friends, and I think it 
as admitted before the committee that he 
vould not, and could net if he would, car— 
y any more than is contained in the bill 
d goon with the work. Now, I ask this 
nate why should we consume the time of 
ie Senate in discussing conditions which 
‘@annot be accepted? It appears to me if 
"we cannot agree to pass this bill with the 
amendments of the minority added thereto 
hat our legislation is all for nothing, under 
the circumsiances; and that we should pro- 
_ ceed with our oti er legislation, and, I will 
"Say now in concl sion, than if anything 
_ better than this bill can be accepted by the 
- contracting parties, (it being always neces- 
' sary that the contracting parties, whether 
» two or more, do agree before a trade is 
made or contract closed) I would gladly ac 
‘eptit, especially so if it secured the State 
f North Carolina and relieved the minds 
of our Western frinds more fully. 
Mr. President—It has been my fortune or 
misfortune, am unable to say which, at 
- at this session of the General Assembly to 
_ feel it my duty to sign minority reports. 
© On the committee on internal improvc- 
ments on two occasions, the present. bill 
- unde consideration and the one providing 
_ for the sale of the Cape Fear and Yadkin 
‘Valley Railroad. [ have no time to discuss 
' that sale if I was so disposed, but permit 
' me to say that I think that we, representing 
» the State, were liberal in granting a good 
/ bargain to that syndicate in order to devel- 
| op a country in need of railroads. Then, I 
"ask, should wemot, if the State isssecured 
_ under the provisions of this bill against 
' loss, afford the desired relief in order that 
| this syndicate may go on and develop «4 
' country that hes been looking with longing 
' eyes so long for railroads to open up their 
- country. 



















SENATE. 





NIGHT SESSION. 
Monpay, March 5. 
Vr. Whitford’s resolution to, go into joint 
' session with the House in the elcetion of 
“magistrates was adopted, and sent to the 
‘Flouse for concurrence. 

Resolution for $4-per diem compensa- 
ion to the clerks on committee on magis- 
rates was adopted. 

Bill amending the charter of the town of 
ethel, in Pitt county, passed its third read- 


=e 


ng. 

Bun to prevert the destruction of wild 
birds and fowls in New + anover county, 
th amendments of committee, was 


opted. Passed its third reading. ' 
Resolution for public treasurer to pay 
arion Cobb $644, a member of the State 
d, for services rendered the State. 
Battle explained that during the Ply- 
riot young Cobb, as a member of the | 








Edgecombe Guards, went through snow, 
sleet and hail, with his company from Tar- — 
boro, and was taken sick at Plymouth, and 
remained there a month or so at the point 
of death: he had the best medical attention, 
and this was to reimburse him for expense 
of nursing and keeping. vie 
Mr. * orehead asked if this medical bill — 





had been paid. i 
Vr. King of Pitt, said he heard from the 
young man that he had paid $450 of it. 


Mr. Morehead thought that if this young 
man went there at the call of the State the — 
money shoul be paid for his prg@per nurs- 
ing and keeping, but the question in his 
mind was whether it was a medical bill ~ 
against the government or the individual. ~~ 

Mr. Boykin said he had sat and reasoned 
with hims®If about it, and he thought if the 
thousands of one-legged, one-armed Con-— 
federate soldiers who had braved death and 
exposure four long years could not be paid 
anything that he could hardly consistently — 
vote for this. ; 

Mr. Alexander did not think the two 
cases similar, he argued that young Cobb 
should be paid. 

Mr. Watson asked what the $664 was for. 

Mr. King, of Pitt, replied that it was his 
doetor’s bill and board bill, that he had two 
physicians and was delirious nine months. 

Mr. Watson said there was a bill about © 
to pass the House that appropriated about — 


| seventy-five thousand dollars to the disabled 


soldiers of the late war. If the bill comes 
here he expected to vote against it, but not 
because the loss of a limb made aman a 
rebel, but because he was not willing now 
for the State to run a pension list, and so 
he could not consistently vote for this reso- 
lution. 

Resolution failed to pass—rising vote— 
yeas 10, nays 15. 

Bill to prevent live stock from running 


at large in certain parts of Rutherford ~ 
| county. ie 
ry. Webb explained the demands of his 
bill. 





Mr. Eaves oppesed the bill and asked the 
yeas and nays. Ordered. Yeas 27, nays 6, 


so the bill passed second and third reading. 


» essrs. Goodwynn’ and Mebane, Repub- 
licans, voted yea on this bill. 

Mr. Boykin, bill to cede certain lands in” 
Wilmington to the United States for the 
purpose of building custom house, was 
placed on its readings and passed the Sen- 
ate. b 

Bill to authorize commissioners of Gran- 
ville to pay Mrs. Elizabeth Jenkins one 
hundred and twenty dollars, passed third 


| reading. 


Bill to regulate elections. 

Mr. “ebane offered amendments. 

Mx. Watson moved the consideration of 
bill and amendments be postponed till to- 
morrow at 11 a. m. 





244 


Mr. Alexander thought the Senate was 
ready to act now. 

Mr. Richardson thought it a matter of 
importance that called for more time to con- 
sider. 

Mr. Payne could not see the necessity of 
postponement till to-morrow, he said this 
bill with the exception of four or five 
changes was exactly the same as aiready in 
the Code. ; 

Mr. Watson said he would withdraw his 
motion tomake another, as he did not 
think it would admit of discussion, he now 
moved ty lay the whole matter on the ta- 
ble. 

On that motion Mr. Payne called for the 
ayes and nays. Ordered. Ayes 17, nays 
19; so the Senate refused to table. 

Mr. Morehead moved that the further 
consideration of the bill be postponed until 
fo-morrow at 12 o’clock. 

ir, Alexander was opposed to this, either | 
pass the bill or kill it. | 

Motion put—rising vote—ayes 18, nays 
17; so the bill was postponed until to-mor- 
row, at 12. 

Mr. Morehead moved that the revenue 
bill be made special order for to-morrow. 
So ordered. x 

Mr. Whitford moved to go into election 
of justices of the peace at 9:30 to-night, and 
the House to be informed. Ordered. 

Bill to enable J. J. Dawson, late sheriff of 
Halifax, to collect arrears of taxes, passed | 
its third reading. 

Bill to protect the estates of deceased 
persons and lunatics; committee substitute 
adopted, also an amendment from Mr. 
Dortch, and the bill passed its third read- 
ing. r. Dortch said the bill came from 
the House, and was so broad in its provi- | 
sions that the judiciary committee reported 
against it. The purpose now of the bill is | 
to prevent any assignor or endorser from 
being a witness as to non-paymentof debts | 
cont acted before 1868, it also does away 
with all oral testimony. | 

Bill appropriating $3,000 for building 
Quarautine Hospital at Price’s Creek. 

Mr. Battle spoke, describing the great 
necessity for passing the bill. 

Mr. toykin said it was absolutely neces- 
sary the bill should pass, and spoke to its 
necessities. He said it was a very serious 
matter, that it not only affected the trade of 
Wilmington, but the health of all the State, 
and the sum was an insignificant amount 
_ that was asked in the bill. 

Mr. Purnell referred to the scenes in 
Wilmington during the fever, and said it | 
ten times the sum it should be given. 

Mr. Ramsay said the bill had merit in it, 
and should pass. 


Mr. Alexander said the finance commit- 





_ fee was unanimous for the bill. 


Mr. Pemberton said his father and most | 


of his family were buried there: died of | tee, and the yeas and nays were call 


Proceedings of the General Assembly of 


| istrates, and the Senate was notified that — 


| county of Lenoir, and wished Mr. Pridgen, ~ 


| man, he wished struck off; that he could not — 


| ment pending against the man for perjury, 


| this particular party and appointed him as 


| Said they differed from Mr. Jackson politi-— 


A 0 ADD Ba oe 


North ¢ 


ee 
yale fever in 1862, and he 
ing tc vote ten times thesum, 
r. Seott, of Rockingham, said 
was opposed to it; that the Senator 
Nash made the Jest speech on it he: 
made, and so he called the previous qu 
tion. Bill passed third reading. fi 
Bill to change the name of Bruce’s to 
ship, in Guilford county, passed third rea 
ing. 
Bill to prohibit liquor in one mile of 
Rutherford College, passed third reading, 
Bill to pay Mrs. Mary R. Moore, for ser- 
vices as clerk to the late superintendent of 
the Insane Asylum, at Goldsboro, #150, 
passed third reading. 
Bil to prohibit the sale of liquor in t 
miles of Forks of Ivy and Pleasant Gro 
churches in Buncombe and Madison, passed 


third reading. -d, 
Gu'lford, 









































Bill for the protection of fish in 
passed third reading. 
Bill to prevent felling of trees in South 
Yadkin river in Iredell, passed its third — 
reading. 
Bill to make Haw river a lawful fence in — 
Alamance cgunty, passed its third read-~ 
ing. sg 
Bill to change the dividing line between 
Duplin and Wayne, passed its third read> 
ing. : 
The hour arrived for the election of mag- — 


the House was ready and had appointed — 
tellers: the Senator from Wake and the Sen- 
ator from Nash, were appointed tellers on 
the part of the Senate. e a 


Mr. Loftin objected to one of the magis- 
trates reported by the committee, for the 


who, he said, was a good Democrat in his 
place; he said he had no confidence in the 


practice before him, and read letter from 
the clerk of the superior court of Lenoir 
county, saying there was then, an indict-— 


and he said that John C. Washington said 
to him iu the townof Kinston, that this man — 
if prosecuted would be convicted. ot 

Mr. Whitford said the committee met on 


a committee of one, and he could say that— 
this” communication was not official but — 
came from one of the blackest white Re- 
publicans could ever be iound, a man once 
«a Democrat but since turned Radical, and- 
he sent letters to the clerk from some of — 
the best men in Lenoir, who though they 


cally, that he was a man of good character. 
He said that Jackson was a power against — 
Mr. Lottin in the late canvass in Lenoir, 
and carried that county against him. ' 

The vote was then taken on the list 
whole, as reported from the joint com 








Perea ate per rp MM est 





































any Democrats voted for the nominees 
the committee, save as to the three ne- 
‘oes recommended—James and Drew, in 
idgecombe, and Hughes, in Granville; also 
our or five Democrats voted for Pridgen, 
in Lenoir, instead of for Jackson. 

Mr. Gray, of Edgecombe, said he voted 
against the negro magistrates in Hdge- 


> negroes, but because they were liquor deal- 
ers; and, besides, they didn’t want to be 
magistrates anyhow, for a magistrate’s 
office ruined a liquor dealer. 

Wr. Richardson said he voted for the 
- committee nominees, except the colored 
"~ men on the list from Edgecombe and Gran- 
' yile, and the other ninety-four counties in 
the State, &e. 

' Mr. Lovill said to the colored Senators 
’ that he would not vote for negro magis— 
» trates, because their Radical speakers came 
- up West, and tried to make party capital 
- out of their appointing them to office, de- 
' claiming against it to the white people. 
Adjourned. 


HOUSE OF REPRESENTATIVES. 


EVENING SESSION. 
Tuxspay, March 65. 
OALENDAR. 

To incorporate the town of Chadbourn, 
in‘ columbus county, passed third reading. 
Act concerning the streetsof Raleigh. 
Passed its third reading. 
To establish a graded school in Shoe Heel 
township, in Robeson county. Passed its 
third reading. 
Yo amend chapter 247, act of 1881. Passed 
its third reading. 
To establish graded schools in Lenoir, 
Caldwell county. Passed its third read- 
ing. 
SPEGIAL ORDER. 

_ Yo amend section 5, of chapter 192, lawa 
© of 1876-77. 
— Mr. Green, of New Hanover, amended 
as follows: 

' The board of alderman shall have each 
_ block and lot numbered 80 days before any 
_ election held under the requirements of sec. 
_ lof this act. The number of the block to 
be printed in large letters and placed on 
two parts of each block and the number of 
» each lot to be printed in large letters and 
' put in some conyenient place, and notice of 
_ the same to be published for one week in 
_ the city papers. Adopted. Passed third 
' reading. 
To establish a graded school in Washing- 
ton, N. C. Passed third reading. 
To establish a graded school in Magnolia, 
plincounty. Passed third reading. 

0 incorporate Shiloh Lodge No. 90 I. O. 
F., Camden county. Passed third read- 


“combe, not because they were Democratic - 


At its Regular Session, 1883 


245 


of Warren county to levy a special tax. 
Passed third reading. 

To incorporate the town of Shiloh, Cam- 
den county, Passed second reading. 

To incorporate the town offPollocksville - 
Jones county. 

A message from the Senate announcing 
that that body would go into the election of 
magistrates at 9:30 this p. m., and request- 
ing the concurrence of this House was re- 
ceived and upon a vote being taken the 
jHouse concurred. 

Act to repeal local prohibition in certain 
localities, and to prohibit the sale of intox- 
icating liquors in certain other localities, 
passed its third reading after varios 
amendments. 

To prohibit the sale and manufacture of 
spirituous liquors within one mile of Ruth- 
erford, burke county, passed its third read- 


ing. 
e  SPEOIAL ORDER. 

To authorize the county of Pender to is- 
sue bonds. Pending discussion the hour 
appointed to go into the election of magis- 
trates was announced. 

A message was sent to the Senate that 
the House was now ready to go into the 


| election. 





Messrs. Overman and Bullock were ap- 
pointed tellers on the part of the House. 
The House then went into the election, 
appointing those whom the committee re- 
commended. 
. SENATE. 
FIFLY-FOURTH DAY. 3 
Turspay, March 6, 1883. 


Ma 





ve 


‘ 


: 
fi 


; 
: 


The Senate was called to order at 10 


o’elock. 
BILLS. 
Mr. Battle, bill to prevent destruction of 
fish in Stoney creek and Pig Basket creck. 


in Nash county. Also bill to establish a — 


new township, in Nash county, to be known 
as Red Oak. ; 
OALENDAR. 

Bill to authorize Vance county to levy a 
special tax came up on third reading. 

Remarks were made by Mr. Cozart. 

Bill passed third reading—yeas 36, nays 3. 

Mr. McLean’s bill to increase the courts 
of New Hanover county (by request.) 

Bill to incorporate town of Pates, in 
Robeson county, passed third readin g--- 
yeas 35, nays 0. s 

Bill for the improvement of streets of 
city of Greensboro passed third reading--- 
yeas 37, nays 0. 

Bill to authorize the commissioners 
Swain county to levy a special tax passtd 
tuird reading—yeas 39, nays 0. 

Bill to incorporate the town of Smith- 
field, in the county of Johnston, passed 
third reading—yeas 38; nays 0. [This town 
is 108 years old. It has renewed its echar- 
ter. | 


Ona 


246 


Bill to establish a graded school in Hali- 
fax township, Halifax county, passed third 
reading, yeas 48, nays 0. 

Bill to incorporate Harrellsville, in Hert- 
ford county, passed third reading, yeas 35, 
nays 0. 

Bill to authorize the commissioners of 
Halifax to fund and pay the debt of said 
county. 

Mr. Goodwyn amended the bill, first to 
leave it to the vote of the tax-payers of 
that county, and called the yeas and nays 
on his amendment. -Ordered Yeas 15, 
nays 18, so the amendment was lost. 

Bill passed third reading, yeas 25, nays6. 

Mr. Alexander moved the revenue bill be 
referred to the finance committee and made 
special order for 7:30 to-night. So ordered 

Billto amend the various acts incorpo- 
rating Rockingham, in Richmond county, 
passed third reading, yeas 33, nays 0. 

Bill to authorize the board ef commis- 
sioners of Person county to subscribe to 
capital stock of the Roxboro Railroad Com- 
pany, passed third reading, yeas 33, nays 0. 

fill to authorize the commissioners of 
Rockingham county to levy a special tax, 
passed third reading—ayes 34, nays 0. 

Bill to incorporate Woodland, in North- 
ampton county, passed third reading—ay :s 
32, nays 0. 

Billto authorize the board of commis- 
sioners 01 Lenoir to levy a special tax to 
build a bridge across Neuse riyer, passed 
third reading——ayes 35, nays none. 

rill to establish a graded school in Rocky 
Mount, for the counties of Nash and 
Edgecombe, passed third reading—ayes 33, 
nays 0. 

Bill to amend the pharmacy law of 1881, 
passed third reading. 

Bill to incorporate Mebane, in Alamance, 
passed third reading—ayes 30, noes 0. 

Mr. Dortch said at the request of the 
asylum authorities he would ask to intro- 
duce a bill to supplement a bill to inzorpor- 
ate the insane asylums of the State, ar- 
ranging it so that little purchases, as of 
fowls, etc., could be made Ly the superin- 
tendent, and afterwards get the endorse- 
ment of two of the board of directors. The 
bill passed third reading. 

House amendments to the bill reorgan- 
izing the board of agriculture, concurred in. 

The hour came for the bill for regulating 
elections, asa special order. 

Mr. Payne moved to pass the bill over in 
formally, as they were engaged in drawing 
a substitute. It was passed ¢ over. 

Bill to incorporate Palmyra, in Halifax, 
passed third reading—yeas 28, nays 0. 

Bili to incorporate Rich Square, in North- 
ampton, passed third reading—yeas 30, 
nays 0. 

\ Bill to incorporate the village of Leons- 
burz, in Hyde county, passed “third read- 
ing—yeas 82, nays 0. 


Proceedings of the General Deano of North C 





\ as to the town of Littleton spassed its second : 


' the fish bit better on Sunday, he should kee 







































Bill to amend cha ter § f 
to live stock in Naat ae 
reading—yeas 27, nays 0, 

Bill to change the charter of t 
Edenton passed second reading, and 
passed third reading. »: 

Bill to authorize the committal 
Buncombe. and Henderson counties ( 
amendment from Mr. Jones ‘to strike ou 
Henderson,” which was accepted) to finish 
the Asheville and Spartanburg Railroac 
passed third reading. : 

Bill to amend chapter 60, private laws of 
1877-77, as to keeping up the Occoneechee — 
fence (with cominittee amendments) — 
adopted-—passed third reading. 

Bill to punish the offense of breaking © 
or tearing down bridges passed third res 4 
ing. 

Bill to repeal chapter 96, laws 1869-10; 
and chapter 194, laws 1870, as to turnpikes 
passed its third ‘reading. 

Bill to amend: chapter 234,. laws 1881, 
(known as the omnibus act) passed its 
third reading. Y 

Bill to amend chapter 175, laws 1876-77, 


reading —y ‘ead 27, nays none. 

Bill to amend chapter 242, laws 1876-77, 
as to ‘‘courts” and drawing venires, in theil . 
cit¥ of Wilmington, passed its third read- 
ing. 

Bill to repeal chapter 191, laws 1881, as 
to the better protection of farmers and fish- 
ermen, passed its third reading. , 

‘ ill to amend section 1, chapter 345, laws 
1881, as to Pamlico, Dare, &c., passed its 
third reading. 

Bill to prohibit the use of “‘set down | 
net,” fish traps, &c.. in the waters of Ma-~ 
sonboro Sound, New Hanover county, © 
passed its third reading. a 

Bill to prohibit liquor in certain parts of | 
Haywood and Alexander counties, passed, 
its third reading. 

sill to prevent the felling of trees and | 
brush in. Hulsey and Coal swamps, in 
Duplin county, passed its third reading. __ 

Bill to prohibit fishing on Sunday. 

Mr. Hill moved to table it. 

Mr> Pinnix said the committee saw no 
hit in it. 

r. Poole said the Representative from 
Dare ‘said they wanted it. 


Mr. Jones asked Mr. Hill to withdraw his | 
motion; he said they said the Sunday fish. — 
ermen had better luck than the others; that — 


the bill to pass. 


Mr. Hill said the people up West could 
fish aud play base ball on Sundays; he wa 
aschool boy up there, and there were too 4 
many of these little laws for the East, but 
he would withdraw his motion to table. a 

' The bill;was read. The penalty i 
less than two hundred dollars or more 





3 
ee 
i 













































hundred; applies to fishing with seines. 
T aaa its third reading. 
 Billin relation to an oyster garden, passed 
: third reading. 
Bill concerning hunting for wild fowls 
with floating batteries in “Carteret, passed 
third reading. 
| Bill to punish forgery of names to peti- 
‘tions, any person who wilfully signs or 
causes to be signed names to a petition for 
office or for pardon, or to decide or influ- 
ence any public action, a heavy fine and not 
less than five year's in penitentiary. 
_ Mr. Watson said let it pass; in his county 
“aman went to get another’s name to a pe- 
' tition for prohibition, and failing to get it 
he signed the names of all his dogs. The 
~ bill passed third reading. 
'_ Mr. Alexander, a bill to amend chapter 
50, of laws 1879, providing for a State Ge- 
“ologist on the Board of Agriculture. 
+r. Alexander said in order to give the 
i board a chance to do something if was nec- 
essary that this bill “pass. The bill leaves 
the pay of that officer discretionary with 
_ the board. The bill passed third reading. 
The House notifying the Senate th: tit 
_ was ready to go into the election of trus- 
- tees for the University, the chair, Mr. Pur- 
nell pro tem., appointed Senator from 
"Rowan and Senator trom Duplin as tellers 
on the part of the Senate and went into the 
election. 
_ A-conference committee on the part of 
“the Senate, to meet with acommittee of the 
House in that chamber this evening at 3:30 
to appoint members of the board ‘of agri- 
' culture and report their names at the ses— 
sion to-night, were appointed by the chair, 
"Senators Battle and. Pemberton. 
Bill for a public highway in the county 
of Onslow, passed third reading. 
- Bill to change the corporate limits of 
‘Jacksonville in the county of Onslow, 
‘passed third reading. 
_ Billto amend chapter 19, private laws 
1881, passed third reading. 
__ Bill to repeal local prohibition at Pleasant 
Grove Church, Nash county, passed third 
reading. 
Bill to incorporate thejtown of Sassafras 
Fork in Granville count;, passed third 
‘reading. 
' Bill for the relief of W. A. Estes and other 
‘railroad tax collectors in Forsyth, passed 
third reading. : 
Bill to repeal sec. 18, chap. 154, laws 76- 
R77, as to bonds of Superi ior Court clerks, 
passed third reading. 
_ Bill to make it unlawful to poison fish in 
Streams of the State, passed its third read- 


n 

‘Bin requiring railway compaiies to keep 
d maintain cattle guards, passed its third 
ding. 

to make fishing a misdemeanor in 


At its Regular Session, 1883. 








Sapping creek, Nash county, passed its 
third reading. 

Bill for the relief of Elizabeth Pratt, of 
Rowan county, passed its third reading. 

Bill to incorporate the Elmwood ceme- 
tery, in Halifax county, passed its third 
reading. 

Bill to amend section 5, chapter 234, laws 
of 1881, as to prohibition at Littleton, passed 
its third reading. 

Bill to amendthe charter of the town of 
Matthews, passed its third reading. 


HOUSE OF REPRESENTATIVES. 


House met, Speaker Rose in the chair. 
Prayer by Rev. Dr. Yates. 
BILLS. 
Mr. Tate, concerning the great seal of the 
State. 


Mr. Green, of New Hanover, to incorpor- 
ate the Israel and Priscilla Benevolent So- 
ciety of Wilmington, N. C. 

Mr. Overman, to amend chapter 282, 
laws of 1879. 

Vir. Sherrill, resolution concerning even- 
ing sessions; to sit from 3 to6 p.m. Lost. 

The morning hour having expired the 
railroad commission bill was taken up, be- 
ing the bill introduced by Mr. Forbis, which 
was, with the amendments, read for infor- 
mation. 

Mr. Bailey, of Mecklenburg, and Mr. 
Bunn offered substitutes, which were read. 


S 247m 


vir. Forbis moved to amend the original ~ ~ 


bill; striking out that part relating to sched- 
ules of trains. 

Mr. Hayes, of Robeson, an amendment 
constituting the commission a non-partisan 
one. 

A number of amendments were offered, 
most of which were voted down. 

Mr. Bailey, of Mecklenburg, an amend- 
ment to the bill introduced by Mr. Bunn, 
providing that nothing in this act shall be 
soj construed as to authorize the fixing of 
minimum rates, but the powers so conferred 
shall be confined to the maximum of rates. 

' r. Bledsoe moved to lay the whole mat- 
ter on the table. Lost—yeas 36, nays 68. 

Mr. King said: I do not propose to con- 
sume much time but [ feel that I would 
not be doing my full duty if I did not raise 
my voice in behalf of the people of Novth 
Carolina., This is a matter in wich they 
are vitally interested and are expecting us 


| to do something of this kind before we 


leave the city of Raleigh. We are here to 
represent the people, and they demand it. 
It has been said by a Representative here 
that if we pass this bill ‘‘farewell to foreign 
capital,’ and that there will not be any 
more roads built in North Carolina. Ail 1 
have to sayin reply is, look at Georvia, 
where they have had this law, or one s:mn- 
ilar, for nearly four years, and you will see 
2a State that has more railroads built in 





248 


that length of time than any Southern 
State in the Union, and not only rail- 
yoads built, but is more progressive and 
prosperous than any of our sister States. 
You have heard it said that this bill is un- 
constitutional, but fortunately Iam able to 
tell the House this morning that there has 
just been a decision by the Supreme Court 
of Georgia, in which they say it is consti- 
‘utional—that a charter is not a contract— 
and before the State parts with her power 
to reculate freights she must make a regular 
contract. It may be asked why does not the 
Legislature regulate freights. In reply to 
that I will say it would be impossible to do 
justice to all the roa s, affected as they 
must be by the varying lengths, by the 
kind of freights on different lines, and 
many surrounding circumstances which 
the Legislature knows nothing of, but it 
would be te duty of the railroad commis} 
sion to look into all these things and ar- 
range the freight tariff accordingly. We 


Wah ethic. 
Proceedings of the General Assembly of. North 


do not want a commission that will impose | 


upon the railroads, but one that will do jus- 
tice to all. 
men.” 

Mr. King then gave an instance of how 
the people were treated, thereby showing, 
as he said, the need for this commission. 
A memorial from the fruit growers of Guil- 
ford, he showed, in which they state 
that the nursery fruit business brought into 
his county $300,000 in 1882. It is stated 
further the discriminations of the Richmond 
& Danville Railroad in the fall of 1882, that 
a party at Raleigh shipped trees from that 
point to Augusta, Ga., on a through bill 
of Jading at 45 cents per hundred pounds. 
The trees came by Greensboro—while 
Greensboro and adjacent points paid 98 
cents and $1.00 per hundred pounds to 
Angusta and also fo’ transfer in Charlotte. 
All freight of the sume class with trees was 
being shipped on through bills of dading 
over the same line, while shippers 
of fruis trees were obliged to send ah 
agent to transfer their freight at almost all 
terminal points, on even their branch roads. 
One party at Greensboro was foreed to ship 
by Burkeville, Va., to get to New Orleans. 
The Richmond & Danville railroad charged 
fifty-one cents per hundred pounds from 
Greensboro to  Burkeville, Virginia. 
The Norfolk & Western road charged only 
seventy cents per hundred pounds from 
Burkeville to New Orleans. The dis- 
tance from Greensboro to Burkeville is 142 
miles; from Burkeville to New Orleans more 
than 1,000 miles This shows the action of 
the railroads. 


In regard to the salary being too small | 


to get good men, the speaker said as good 
men as the State possessed could be got for 
the amount offered, as they are not required 
to come here but once a month, and with 


We want them to actas middle- | 


' not do anything by way of amendments’ 
| and substitutes that will stifle the bill. 





- an efficient clerk they will have the business | duced by Mr. Forbis, of Guilfo 


| and fare. 





























































in shape so they need 
days, and I think in this _ 
big pay for the time actua 

Mr. Strudwick supported the bill 
as the minority bill. There was a uni. 
versal sentiment that a commission w 
needed to redress grievances. The peop! 
demand it. Upon the eve of the sessiot 
we take up the only bjll thesia eli 
to the people. The constitutionality of thi 
bill was a doubtful one. It was a deey 
question. * oney spent to determine 
would be wisely expended. It will be 
one attempt to give help to an oppres 
people, and we could not be blamed if 
were not successful. If we go home v 
out attempting some kind of relief 
people will not hold us guiltless. 

Mr. McLoud endorsed the position te 
by Mr. Strudwick. This bill will give m 
relief—none of them are perfect—but we 
must not go home without doing something 
to help the people; some real good, some- 
thing,as Shakspeare says, that has a stoma 
The Georgia Legislature had been sustaine 
by the Supreme Gourt of the State im ¢1 
ating a commission there. We had better 


a 


Mr, Simmons favored the bill introduced 
by ‘ r. Bunn; thought the bill of the minor= 
ity, if adopted, would drive capital out of 
the State, and to drive railroad capital out 
of the State would cripple every industry 
in our midst. The majority report is suffi= 
cient for every purpose. It prevents un-4 
just discriminations in charges of freifht 
It givesjpower to investigate all 
damages to life and property. It gives power 
to examine the con ; ‘ion of the roads, an¢ 
makes the companies keep them in good 
condition. - a 

Mr. Holt moved to have the bill taken up 
by sections, and get the good out of each 
one. ; . 

Mr. Temple, an amendment appropriating 
$50,000 to prosecute and defend suits that 
may arise unJer the operations of the co 
mission. Rejected. 

Mr. Green thought it best for this matter 
to be considered in committee of the 
whole it would make more progress. 

*y. Leazer favored the minority repo 
this commission was demanded by the p 
ple to protect them against unjust diserim 
ination in freights and and charges. This 
bill made provisidn for thorough protection 
As an illustration of the grievances and une 
just discriminations complained of, hee 
a case (one of many) wwere a cert 
amount of freight was carried to a ce 
town ‘for, for instance, $4, and the 
quantity was taken to a place fifteen m 
further off, without change of cars, 
dollar less. xen 

Mr. Overman advocated the bill int 


r] 
* 















































Wee ec a 
‘In the short time allowed me, Mr. 
‘Speaker, I shall attempt to show to the 
Honse the necessity of a railroad commis- 
‘gion in North Carolina, and I shall also try 
to answer some of the objections urged 
against what is known as the Forbis bill, 
hich, with a few amendments, is the bill 
introduced and urged by the minority re- 
port of the joint committee to report on the 
expediency of a railroad commission.” He 
said the people were crying out under the 
- oppressions of the railroads ; that corpora- 
_ tions and monopolies were sucking, like 
‘great vampires, the very blood out of the 
_ people, and that notwithstanding this cry 
the Legislature had been in session sixty- 
_ two days and had as yet done nothing for 
the relief of the people. We have incor- 
porated railroads, we have relieved rail- 
roads, we have levied taxes, we have voted 
_ appropriations for various institutions, but 
not one thing of importance has passed that 
- looks to the relief of the people. Let us 
 passthis. Let us show them we have their 
rights and their good always before us. 
_ The many amendments were put to the 
_ House, and lost except those offered by Mr. 
Holt and Mr. Bailey. 
_ The question was now upon Mr. Bailey’s 
_ substitute, which did not prevail. 
The amendments next in order 
- voted down. 
_ The question then recurred on the pas- 
sage of the original bill, introduced by Mr. 
'Forbis, on its final reading, and the Dill 
passed by a vote of 57 to 37. 
_ The following is the vote: 
|. Aves. — vessrs. Anderson, Bailey, of 
Mecklenburg, Hailey, of Wilson, Barrett, 
_ Beall, Bennett, Bower, Bunn, Byrd, Crouse, 
 Forbis, Fulton, Glenn, Green, of Frank- 
jin, Gudger, Hardy, Harris, of Davidson, 
_ Hayes, of Swain, Holt, Houston, Johnson, 
of Johnston, King, Lawrence, Leazar, Le 
“noir, Liles, McAllister, “cCotter, McCurry, 
-McLoud, Marsh, Matheson, Mathis, Viyers, 
Overman Patrick, Person, Phillips, Posey, 
_ Powers, of Cleaveland, Ray, Reid, of Gas- 
ton, Reynolds, Sandifer, Sherrill, Simmons, 
“Stanford, Stringfield, Strudwick, Thomp- 
son, Tomlin, Walker, Williams, of Gran- 
ville, Williams, of Sampson, Williamson, 
Wood, Worthington.—57, 
 WNays.—Messrs. Abbott, Baum, Beicher, 
ledsoe, Bradley, Bridgers, Bruce, Bryan, 
ullock, Cheek, Eaton, Frayser, Gatling, 
Green, of New Hanover, Harris, of Wake, 
_ Hayes, of Robeson, Holton, Johnson, of 
Craven, Leary, Lineback, Mitchell, wont- 
gomery, Newby, Newell, Page, Pittman, 
Poe, Powers, of Cumberland, Pruitt, Rob- 
8, Smith, Speller, Sutton, Temple, Wad- 
1, Wilcox.—27. 
_ Mr. Tate was excused from voting. 
r. Harris, of Davidson, in explaining 
vote, said: 
the honor of being a member on the 


Y 
i) 
4 


were 


ba UR a ath ib ala i dil 
tit ‘Regular Session, 1883 





railroad commission committee. 


sion, with power to regulate freights and 


passenger rates; there were several plans 


FR Te ha RST GA atic aa 


We had i 
several railroad gentlemen before us, allof 
whom were opposed to creating a commis- — 


and bills presented before us for our con- 


sideration, and after mature deliberations — 
by the committee, a majority of the com- — 
mittee saw fit to offer a bill creating a rail- — 
road commission without any power to reg- 


ulate freights and passenger rates, so as to 


prevent unjust discrimination. 


A minority — 


of the committee on the establishment of a 


railroad commission did not concur in the 
report of the majority, for the reason that 
they believe a railroad commission either 
is or isnot a necessity. If it is’ a necessity 


—and the whole committee were unani-— 


mously of the opinion that it is a necessity— 
the minority was of the opinion that a eom- 
mission merely to find out the evils of dis- 
crimination in freights and passenger rates, 
and violations of charters, andof laws of 


the State, by said corporations without ad- — 


equate powers to speedily remedy such 
evils when found, would be of no use to 
the people of North Carolina. Jam in favor 
of a plenary power for said commission, not 
only to find, but to promptly correct all 
abuses and discriminations, and form a 


bulwark between the people and these cor- 


porations, protecting the people fully; while 
at the same time corporations are not un- 
justly dealt with. A minority of the com- 
mittee reported in their wisdom a substi- 
tute, which did give the 


and passenger rates. This bill now under 
consideration before this honorable body is 
the same substitute that I had the honor 
of signing, with some amendments, which 
I do not approve of, but believing as I do 
that the people demand of this Legislature 
a railroad commission for their benefit, 
whilé I much prefer supporting the substi- 
tute offered by the minority report of the 
committee, without any amme ents, I 
shall have to vote for this as it seems the 
best one that we can get, therefore I am 
willing to accept a half a loaf rather than 
get nothing—-I vote yea. 

The House then went into the election of 
trustees of the University. The tole 
gentlemen were elected: W.J. Hawkins, K. 
P. Battle, P. C. Cameron, ern Davis, 8. 
F. Grady, W. N. Mebane, A. H. Merritt, Z. 
B. Vance, C. H. Wiley, C. W. Broadfoot, 
John D. Cameron, H. R, Bryan, James §. 
Battle, James T. tiorehead, R. 8. Beall, 
S. Kenan. 

Whose time will expire in 1891: W. L. 
Saunders, F. #. Busbee, K. Craige. New 
additional trustees: D. L. Russell, I. Rt. 
Strayhorn, W. H. H. Burgwynn, W. W. 
Lenoir, T. M. Holt, E. R. Page, J. Edwin 
Moore, T. J. Jarvis (in place of J. D. 
Cameron, resigned. ) 





commis- — 
sion the right and power to regulate freights — 


eS 


en qe 


oe 


7 er or rs se 
OS ae re ea ae 


1 


Co came 


250 


The bill for the support and encourage- 
ment of the State Guard was taken up and 
orf advocated by Mr. Worthington, who 
said : 

When my friend on my left,the learned 
gentleman from Duplin, so eloquently 
pleaded for the maimed soldiers of the late 
war, his eloquence and the occasion natu- 
rally inspired sentiment. ‘he drapery was 
withdrawn and our vision penetrated the 
past. We saw as it were before us the 
dread preparations of war. We heard the 
elangor of sabres andthe sombreroll of the 
drum. We saw a new republic marked out 
on the map of the world. Wesaw it invited 
into the family of nations. We saw once 
more upon the bristling heights the banner 
that had greeted the first blushes of the 
morning. We saw it again when the mel- 
low iris of sunset had tinted its stars and 
bars. We saw it again when the sun had 
dicd out the of sky. We saw it again, but 
tattered and torn and furled forever. We 
saw the maiden in the shadow of her sorow 
—the frosted head of the aged father bowed 
with the last grief. We saw here and there 
sunken mounds of our brothers and com- 
rades, unmarked and unconsecrated within 
the shadows of the pine and tearful wil- 
lows, each sleeping in the windowless 
palace of rest. Wesaw their bosoms deco- 
rated with death wounds; we saw the living 
wearing in their armles sleeves and upon 
their battled-scarred bosoms the noblest 
patents of nobility, more to be envied than 
the order of the Star and the Garter, the 
decoration of St. George, or the jewel of 
the Iron Cross, and when my eloquent 
friend spoke so feelingly of the trustiness of 
our slaves, we could see as it were two 
monuments penetrating the heavens; the 
one veiled in drapery, fit emblem of the 
sorrows of the nation, dedicated to the Con- 
federate dead; the other, its summit 
crowned with the image of a colored man, 
and dedicated to those slaves who shared 
with their masters the common misfort- 
unes of war. 

When a bill introduced by myself as 
chairman of the committee on military 
affairs was under consideration in the 
House, the facetious remarks of the gentle- 
man from Randolph were unintentionally 
disparaging to the manhood of the State 
Guard. He had apparently forgotten that 
but afew years ago North Carolina was 
precipitated into the death throes of revo- 
lution—that her very nerve centres were 
touched with the paralysis of death, The 
> hy aa Had forgotten those troublous 
times, but I beg to asstire him I had not. 
Martial music in the ears of the gentleman 
from Randolph was doubtless sweet— 
sweeter than the sound of the pibroch in 
the ears of the cot Swhen it is summoned 
to the fray the clans of McGregor—the 
‘waving of banners” was doubtless inex— 


“pressibly dear—yes, dearer than those ban- 


Proceedings of the General Assembly of North 





rAd 









































ners that appeared in the ; 
Wellington prayed for Blucher — 
but I shall pursue the sentiment no 
I shall leave the gentleman to his | 
tions, and I trust he will at least mo 
his opposition if he cannot consent to vu 
his efforts with ours in this patriotic 
necessary measure. 

Mr. Simmons, of Beaufort, said: Wh 
T left home for Raleigh at the beginnin 
the session. About the last thing said 
me was by the young soldiers of nm 
county, asking me to do what I could te 
get an appropriation from the Legislature 
for the State Guard. A sense of duty co 
pels me to vote for the appropriation; 
the Guard is worth having it is worth main-— 
taining. The State is ever ready and will 
ing to have their,services in times of trou- — 
ble, and for that ought to pay. Our people 
want it, for there are petitions from every — 
direction asking for it. We have instanees 
of the great good they have done; never can — 
I forget the efficient service rendered at Ply- — 
mouth by the company from my own town 
with those from Tarboro, Edenton and 
Elizabeth City, how willingly they re- ~ 
sponded to the call of the Governor. Tt was. " 
patriotic motives that prompted them, and 
they should be encouraged in their pa-— 
triotism. The protection of our lives and ~ 
property demands that the Guard should be 
supported by the State. 7 


SENATE. 
NIGHT SESSION. 

Turspay, March 6, 1888. . 
Mr. Battle in the chair. f 
Bill to raise revenue up as special order. 
The committee reported amendments. — 
They were adopted. wr. Payne, for eom- ~ 
mittee, explained the amendments. wa 
Mr. » orehead offered an amendment to — 
the drummers’ license section in the bill. It — 
provided that in order to encourage the 
growth and manufacture of material and — 
necessary products, any person who shall 
have paid the tax herein preseribed, or for — 
whom said tax has been, shall be entitled 
to receive from the Treasurer the sum of 
&75 asap emium for any goods, wares or 
merchandise, the growth of this State, or ~ 
manufactured within this S:ate, being of © 
the same goods, wares or merchandise for 
the sale of which the said license was — 
granted, and which shall have been exhib- 
ited at any State, district or county fair” 
held for the purpose of encouraging agricul- 
ture and the manufacture of machinery ~ 
and agricultural implements; and the 
Auditor is directed to audit ; 
claims fer said premjum upon 
sworn certificate of the chief officer and) 
treasurer of the Fair at which such goods, 
wares.or nerchandise were exhibited, an 
the affidavit of the person exhibiting 
‘same, which certificate shall set out 1 


































the exhibit, where and ae 
own or manufactured, and by 
exhibited; and the person claiming 
premium Shall also exhibit to the 
or the license granted under this sec- 
m. There shall be but one premium to 
exhibitor. The amendment failed. 
An amendment from Mr. Boykin to con- 
rm section 40 to the decision in the State 
ys. Clark; 85, N. C. R., 555, was adopted. | 
Mr. Watson offered an amendment, that 
-manufactnrers of agricultural implements, 
of tobacco, or manufacturer of cotton yins, 
sheeting and cotton plaids, their license tax 
- shall be fifty instead of one handred dol- 
lars. 
_ wr. Scott, of Rockingham, said this was 
very important ‘amendment, and asked 
for the ayes and nays. Ordered. Ayes 9, 
“nays 23; so the amendment failed. 
ir. Alexander in voting on the above bill 
aid he was opposed to this whole system of 
xation, but he could see no reason why 
this amendment should be put in, and he 
Vv would vote no. 
One of the committee amendments pro- 
Prides that the county commissioners shall 
levy no tax upon the liquor merchants, 
deeming the license tax, retailers less than 
a quart, $80, irom a quart to five gallons, 
$50, over five gallons, $200, sufficiently 
high, and that the revenue raised from this 
x would be greater than by the last. 
Mr. Alexander was. chairman of the Sen- 
ate branch of the committee. 
_ Mr. Watson offered an amendment to 
‘strike out the merchants tax. The amend- 
ent failed. 

vir, Scott, of Rockingham, offered an 
mendment to change the manner of col- 
lecting, so that the sheriff instead of the 
Tegister of deeds should call on the mer- 
chants and collect their taxes. Failed. 
‘iy ir. Pinnix amended that to section 34 
add the following at the end of sub-section 1: 
“Provided no person shall pay any State or 
‘county tax who sells spirituous liquors in 
quantities of a quart and less than two gal- 
ons. Strike out section 2. Amend sub- 
gection 3, line 16, by striking out *‘five gal- 
Jons” and inserting “two gallons.” 
Mr. Pinnix asked the yeas and nays. Or- 
red—yeas 16, nays 19, the amendment 


d, 

ir. Lovill amended, that every person 

uying or selling cotton or naval stores, ex- 

t regular merchants, shall pay a tax of 

‘or each county he may buy or sell or 

erto buy cr sellin. Failed. 

wr. Cozart amended, to strike out board- 

shouses. Failed. 

Mebane offered amendments. Failed. 

l on its second reading. Yeas 19, nays 

he bill passed its second peas 
enate concurred in the House 

nents to the bill as to voting places 
ing the lots to be laid 


ord 



























off and the biocks numbered in ‘large let- 
ters and advertised in the papers. 

The House refused to concur in the Sen- 
ate amendments to the Roanoke Navigati 
bill; the Senate refused to recede, ane 
asked for a committee of conference. ; 

Mr. Watson called up the bill to create 

railroad commission, and it was mad 
special order for to-morrow at 12:30. Sk 
ordered. 

Adjourned. 


HOUSE OF REPRESENTATIVES. 
NIGHT SESSION. 
‘LUESDAY, March 7, 1883. 

To incorporate town of Shiloh, in Cam: 
den county, passed third reading. I 

To prevent live stock from running al 
large in Caswell county. 

Messrs. Strudwick and Holt stated tha’ 
the people of Caswell county had been ask- — 
ing this relief for thirteen years, and he 
hoped the House would heed their wishes. 
A Nis Poe opposed the adoption of the 

ill. 

An amendment to leave it to the voters 
of the county was voted down. 

The bill passed second reading—yeas 47, 
nays 29. : 

Under the previous question the bill then 
passed third reading. 

For the relief of James W. Lancaster, 
of Wilson county. 

To prevent live stock from running at 
large in Kittrell township, Vance county, 
passed third reading. ti 

To authorize Mira E. V.cCall, administra- — 
trix of R. R. McC§ll, to collect back taxes, 
passed third reading, 

To incorporate Stanhope Academy, in 
Nash county, passed third reading. 

To prevent obstructions in Swift ereek, 
in Johnston county, passed third reading. ~ 

To’ provide for a two weeks court in 
Vance county, third reading. 

To regulate the partition of real estate 
between tenants in common, third reading. 

To protect the farmers of this State, third 
reading. i 

To prohibit sale of liquors within one 
mile of »t. Tabor chureh, + olumbu 
county, third reading. : 

To define the line between Carteret ae ’ 
Craven counties, third reading. ae 

To repeal so much of chapter 253, laws 
of 1881, as relates to Alleghany county, 
third reading. ‘es 


of » eekle nite county, to pay a ceva 
claim, third reading. 
To prevent felling of trees in Cheowa 


river, Graham county, third reading. ce 
Concerning toll gates inCherokeecounty, __ 
third reading. at 


To incorporate Forbush Union School, in- as. 
Yadkin panes passed ee reading. i 





252 


Substitute for bill to repeal an act to in- 
corporate Jonathan Creek and Town Moun- 
tain Turnpike, third reading. 

To incorporate the Bank of Oxford, third 
reading. 

To change the name of the Edenton and 
Norfolk Railroad Company, third reading. 

To amend the Durham Graded School 
law, third reading. 

To incorporate the Raleigh Water Works, 
third reading. 

To. prohibit taking oystcrs from Myrtle 
Grove Sound, in New , Hanover county, 
third reading. 

To establish a ferry across the Great Pee 
Dee river, in Anson county, third reading. 

To amend an act authorizing the town of 
Warrenton to subscribe to the capital stock 
of the Warrenton Railroad Company, third 
reading. 

To repeal certain parts of chapter 234, 
laws of 1881, third reading. 

To amend an act to protect partridges 
and wild turkey in Warren county, third 
reading. 

To incorporate Greensboro Water Works, 
third reading. 

Relative to fishing in White Oak and New 
rivers, in Onslow county, third reading. 

Relative to certain justices’ dockets, third 
reading. 

Act to incorporate Ashville Tobacco 
Warehouse Company, third reading. 

To authorize commissioners of Lenoir 
county to lay off streets passed its third read- 


ing. 

"Bo protect new double track iron bridge 
across French Rroad river, third reading. 

For the relief of the B@érgamon Manufac- 
turing Company, third reading. 

To authorize certain school erders in 
Northampton county to be paid. 

To empower the proper authorities of 
Joneg county to assign hands to work on 
Trent river, in said county, third reading. 

To establish a public ferry across Wacca- 
maw river, in Columbus county, near Pire- 
way, third reading. . 

To authorize the town of Concord to 
issue bonds, third reading. 

To incorporate the Israel and Priscilla 

_ Benevolent Society of Wilmington, third 
reading. 

Resolution in favor of the Dixie Agricul- 
tural and Mechanical Society of Anson 
county. Third reading. 

Resolution to pay the commissiouers’ ex- 
penses for selling the States interest in the 
Cape Fear and Yadkin Valley Railroad. 
Third reading. ' 

SENATE CALENDAR. 

To authorize the commissioners of Lenoir 

county to levy a special tax. Second read- 


ing. 

Fo authorize the commissioners of Madi- 
son county to levy a special tax. Second 
reading. 


Proceedings of the General Assembly of North Ce lina 





eat 


To amend chapter 232, laws of 

To prohibit fast driving over ¢ 
bridges in Greene county. Third 1 in 

To authorize the board of commissione 
of Wake county to levy a special tax, [Thi 
is for the purpose of building a jail, and for 
no other purpose.] Second reading. 

To authorize the commissioners of Cabar- 
rus to levy a special tax. Second reading. 

To drain the lowlands of Middle Fork 
Creek, in Forsyth county. Third reading. 

To authorize the sheriff of Forsyth county — 
to collect certain arrears of taxes. Third 
reading. 

To secure the better drainage of the low- 
lands on Reedy Fork and sorse Pen Crosles ;, 
in Guilford, and Haw River, in Rocking-~ 
ham county. Third reading. Uy 

To authorize the commissioners of Rich- 
mond county to pay certain school orders, — 
tnird reading. A 

To amend the charter of the town of 
Winston, third reading. 

To establish a public ferry on the great 
Pee Dee, third reading. y 

For the relief of the tax-payers in Wake ~ 
county, third reading. 

To amend the charter of the Granville 
Railroad Company, third reading. « 

To amend the charter of Greenville, Pitt — 
county, third reading. 

To amend the charter of the town of 
Laurinburg, Richmond county, third read- 
ing. 
To change the time of holding court in 
the fourth ju‘licial district, third reading. __ 

CONCURRENCE CALENDAR. 

To provide for the levying and collection 
of taxes. Referred to the finance commit- 
tee. 

To authorize the commissioners of Cald-— 
well county to offer a reward for the killing 
of certain predatory animals. Concurred in. 

To give twelve days for working the pub- 
lic roads in Bea sfort county, third reading. — 


SENATE. 

FIFTY-FIFTH DAY. 
WEDNESDAY, “areh 7, 1883. 

The Senate was called to order at ten — 
o’clock, Mr. Boykin in the chair. y 
till to raise rev: nue. * 
Wr.- Mebane offered an amendment to 
section 33 ‘‘for such service the register to 
receive two cents for each name.” Failed. 
Mr. Strayhorn amerded that the interest 
on the money ($600,000) for the Western 
Road, invested in four per cent. bonds, _ 
shall go to the educational fund. 
mr. Cozart asked the yeas and nays. 
Ordered—yeas 14, nays 18; so the amend-— 
ment failed. 74 
Bill passed third reading—yeas 
15; so the bill passed. 3 
Mr. Black, petition from citizens of 
Jonesboro township, in Moore county, 































21, nays | 


Vibe Oe had 





yee 








































g prohibition to be submitted to 
rolers in township. 

Bill to enlarge the stock law in Nash 
ounty passed third reading—yeas 20, 


ays 7. ~™. 

Bill to amend chapter 175, laws of 1876- 
77, passed third reading—yeas 26, nays 
one. 
_ }) /Bill to incorporate Pollocksville, in Jones 
' county, passed second reading—yeas 27, 
nays none. 
Bill to establish graded school in Mag- 
) nolia, Du lin county, passed second read- 
4 ae ee 26, nays none. 
‘ ill to establish graded school in Wash- 
) ington passed second reading, yeas 30, 
' ‘nays 0. ; 
Bill to prevent the obstruction of Neuse 
river, passed third reading. 
, Bill to establish a new township in Nash 
- county, tobe known as Red Oak, passed 
_ third reading. 
Bill to prevent Aestruction of fish in Pig 
_ Basket creek and Steer creek, Nash county, 
_ passed third reading. 

Bill to authorize commissioners of War- 
' ren county to levy a special tax passed sec- 
' ond reading, yeas 31, niys 0. 

_ Billto imcorperate the Seaboard Manu- 

facturing Company, passed third reading. 
_ _ Bill to incorporate Shiloh Lodge, I. O. O. 
_ F., Camden county, passed third reading. 
_ Billto prevent live stock from running 
- at larze in Caswell county. 
' Mr. Strayhorn offered amendment to 
' leave it tothe votes of the people, and asked 
the yeas and nays. Ordered. Yeas 13, 
nays 25, so the amendment was not adopted. 

Mr. Strayhorn asked the yeas and nays 
on third reading. Ordered. (Several Re- 
| publicans left their seats and went to the 
' lobby, but the Senate just had a quorum.) 
» Yeas 36, nays 1, so the bill passed second 
- reading. 
Mr. Strayhorn asked the ayes and noes on 
‘the third’ reading. The Senate refused. 
Bill passe@ third reading. 
' Bill to disqualify certain persons from 
iving evidence on old debts, (neticed in 
‘Tur News anp Onskrver), passed third 
reading. 
Hill to incorporate the Yanceyville Grand 
‘United Order of Benevolent Number Tens, 
assed third reading. 
House resolution to pay the commission- 
rs appointed to sell the State’s interest in 
) the Cape Fear and Yadkin Valley Railroad 
per diem and mileage of members while 
‘they were engaged in the State’s service, 
passed third reading. 
_ Bill to establish the line between Craven 
“and Carteret, passed third reading. 
- Bill to change the time of holding the 
ourts of the fourth judicial district. It 
res additional terms to Cumberland, Rob- 
n and Bladen counties. 

r. Dortech opposed the bill; said the 


Ba Cal Wn we ies ie ass 


. A eae aa "At its Regular Session, 1883 








time was fixed against the interest of the 
people of Johnston and Wayne. 

Mr. Richardson opposed the bill. 

Mr. McLean supported the bill; he said it 
was to the interest of the people of the 
three counties. | 

Mr. Black spoke in favor of the bill; he 
said it was to the public interest of the 
three counties. 

Mr. Richardson moved to table the bill. 

Mr. McLean called the previous question, 
and the bill came up on its reading. The 
yeas and nays were ordered—yeas 19, nays 
13, so the bill passed its second reading. 

The hill passed its third reading. 

Bill for the relief of James W. Laneaster, 
of Wilson county, passed its third reading. 

Bill to repeal certain parts of chapter 
284, laws 1881, passed its third reading. ' 

Bill to incorporate the Raleigh Water 
Works Company, passed its third reading. 

Bill to incorporate the Greensboro, Water 
Works Company, passed its third reading. 

Bill to amend chapter 94, laws 1881, as to 
fence law; House amendment concurred in. 

RAILROAD COMMISSION. 

Bill to create a railroad commissioneamé | 
up as special order at 12 m. 

Mr. Scott, of New Hanover, called for | 
reading of the bM. It was read. (Pretty 
much the Pinnix “minority” bill, that has 
been published in fll in Tur News anp 
OBSERVER. ) 

Mr. Pinnix explained that the only differ- 
ence between this and the minority report 
of the Senate was as to the salary, from 
$2,500 to $1,500, and that the commis- 
sioners may in their discretion regulate ~ 
freights and fares; and that the schedule 
may be taken as prima facie instead of 
sufticient evidence, as in the old bill. 

Mr. Scott, of Rockingham, said this mat- 
ter had been thoroughly discussed; that now 
was the time for this session or never to 
give such relief as the people asked, that 
amendments meant to kill the bill, and he 
moved the previous question. 

Mr, Payne gave notice of amendments 
and hoped the previous question would not 
be called to shut them ‘off. . 

Several Senaters gave notice ef amend- 
ments. 

The Scnate refused to eall the previous 
question. 

Mr. cLean offered an amendment that 
if the bill passed no member of this Legis- 
lature should be appointed on the commis- 
sion. He opposed the bill without his 
amendments; he did not take water; was of 
the same mind still; if this bill could not 
stand the test when we had plenty of time 
it cannot do so now we were now doing 
everything in a rush; he was sorry to see 
a disposition to push this bill through under 
the gag law; in the first place he insisted 
on his amendments being ad: p(ed. 

Mr. Alexander gave notice ‘hat he had a 


. 





te 
K 

. 

h 





— 2. ae Pee ny y whé 
te oe aaa 





cy “ir. Webb asked Mr. MeLeanif he would 
' vote for the bill with his amendment 
adopted. 

Mr. McLean said he would lean to the 
‘ pill a little more, but he would say he would 
not vote for it without that amendment. 
He said while he was no sort of a railroad 
yan, that the railroad men were citizens 
here, and had invested their capital here, 
and we could not afford to place our heels 
upon them in this we y. 

Mr. Battle said‘he was not hostile to any 
of the railroads, but any amendment would 
| have the effect of killing that bill, and he 
' hoped that none would be adopted. 

' Mr. Watson said it was only his desire to 
_ speakto time. The amendment from the 
| Senator from Robeson had been offered 
' to the members from the lobbies, and if the 

» énemies to this bill, who were thick around 
this chamber, could succeed in getting any 
amendment to the bill it would kill it. He 

thought the passage of this bill would settle 
' “the irrepressible conflict; that unless the 








‘billpassed it would send rasher men here 


' two years hence. 

Mr. Payne offered an amendment to have 
fg ‘read. He said this bill, # it came here, 
was substantially the minority bill, save 
» leaving the regulating of freights to the dis- 
‘cretion of the commissioners. He was op- 
posed to granting such powers to the com- 
Missioners when this Legislature could not 
delegate sach power, and under his oath 
“jas a Senator he could not vote for what he 
considered a violation of the constitution 
of the land. It was a question of conscience 
> withhim. He was not opposed to acom- 
- - mission, and if those two sections were 
stricken out, and substantially the majority 
f report was offered, he would heartily vote 
| for it. . He hoped some compromise could 
be made, and we could have a commission 

that wouid prevent discrimination. 
oh RE Scott, of Rockingham, said so far as 
putting the gag-law was concerned, that he 
-. made the motion to prevent the very thing 
| that was going on now. If it is a fact that 
~ North Carolina, with all her rights of sover- 
Oy cignty, of which she cannot divest herself, 
has not the right to control railroads 
chartered before 1868, then he submitted 
there was little use for another bill only to 
apply to new roads charierdd since then. 
| ‘There wes a clamor coming up from every 
» “elass of people, young and old, and the 
better the class the louder the clamor, 
> against the monopoly of railroads. So far 
"a8 unconstitutionality is concerned, that 
> question would be howled atin this chamber 
i i until such a bill as this could be passed, 
and if there was doubt of its constitution- 

ality the courts could determine it. 
>. Mr. *orehead called the previous ques- 
















f 1. a - i 
Procesdings of the Genera 
ly substitute and two or three amendments to 
ey otter. 





Pe The Senate re ‘ise 


| call the previous question on this | 


“porations alike. 








































































Mr. Alexander then’ 
tute the bill offered 
some days ago, and notice 
ver. It provides for one r 
sioner, appointed by the 
salary of $2,100, and a clerk 
himself at $900, he to report 
matters to the Governor an 
General. ; 
vir. Alexander said there were 
of commissions now in the Unite 
one relying on force, as in, Georgi: 
and the other relying on publicity ; 
up railroad oppressions to the pab 
and the Legislature to give the re 
prevailed in the Northwestern States 
people did not want the throats of railr 
cut; they had made his county what 
was, and now to come in here before a 
nority of the Senate and attempt 6 
such a bill through, he submitted it was 1 
right. It required firsf®class talent for 
railroad commissioner, and there was di 
ger, if bill was passed, of men gettin 
it who couldn’t make a schedule for ay 
gravel-train. ny 
Mr. Purnell read from the decisions” 
down by “r. Cooley in the last, edi 
showing that by passing this bill the Se: 
would be deiegating to three men the 
ers that it did not have itself. He sai 
had n. t heard any clamor from the peo 
The re€ords show that in the last Lepis 
ture this very thing was discussed, an 
people, notwithstanding, have returned 
very decent Senate here. They refused” 
so Senators need not feel scared of 
had no doubt they would all get bae 
vir. Watson said he would say one 
more and then call the previous quest 
that this bill had.come over here and e 
single Republican in the House had y 
against it; he continued his remarks 
railroad monopoly. y 
Mr. Loftin said so far as pepple co 
plaining, they wouid continue to complain 
as long as railroads ran, You may 
commission bills tilt doomsday and yé 
can’t regulate a business, you had as w 
say to Mr. Tucker or to « r. Andrews, “yi 
shan’t rua your business your own 
the city of Raleigh.” Reet! 
Mr. Lovill said there were two jor thire 
ceasons why he should oppose the bill; tha 
the Senator from Union had read decisi 
that convinced him they had no right to 
terfere with such charters. He protes' 
against this bill; his county wanted m 
roatls and there was no clamor from — 
people gainst the railroads. There — 
no use for a law we cannot put on all 
It would drive ca 
away from the State. 
ver. Watson called 


the previous que 
Mr. Mebane sent w 


p an amend 
ij i 4 5 . 


o) J 








aN > 




































y 
‘ar 
One 


estion first was on “ir. McLean’s 
ent as to commissioners applying 
owers to regulating freights and fares 
the railroads in the State. 

The yeas and nays were ordered. The 
e was as follows: 

iuAs—Messrs. Alexander, Black, Carter, 
ostner, Cozart, Dotson, Ebbs, Evans, 
way, Loftin, Lovill, Lyon, McLean, Ve- 
e, Morrison, Neill, Payne, Poole, Fur- 
ell, Ramsay, Richardson, Toon, Webb, 
~Woodhouse—25. 

) Nays—‘Yessrs. Battle, Boykin, Clarke, 
Dortch, Farmer, Goodwyn, Hill, Jones, 


Mix, Scott of Rockingham, Strayhorn, Wat- 
‘son, Whitford—16. 

_ So the amendment was adopted. 

/_*1r. McLean’s second amendment, that no 
member of the Legislature shall be ap- 
/pointed on thé commission; on that he 
‘called the yeas and nays. Ordered. Yeas 
16, nays 21, so the nmendment was not 
adopted. 

| 'r. Payne’s amendment to strike out sec- 
tions 11 and 12 of the bill. Yeas 10, nays 
, 80 the amendment was not adopted. 

, Mr. vebane’s amendment to elect the 


s 


Moes asked. Ordered. Ayes 10, noes 31, 
the amendment was not adopted. 

Mr. Loftin’s amendment, forthe commis- 
oners to elect a chairman, at $3,000 sal- 
'Yy, Was not adopted. é 

| Then the question was on the substitute 
foifered by Mr. Alexander. Ayes and noes 
ordered. Ayes 21, noes 21. 

_ The chair said: The substitute is adopted. 
There was applause. The bill passed sec- 
ond reading. ‘ 

Mr. Morehead said he objected to the 
third reading, 

| The chair said the gentleman was too late 
in objecting, as the gentleman from Rowan 
as just then recognized in offering an 
amendment. 

| Mr. Ramsay’$ amendment was that in- 
ead of the Governor’s appointing the 
Ommissioners they should be elected by 
‘the people. 

Mr. Scott then moved to postpone tie 
ther consideration of the bill till to-night 
at 7:30. So ordered. 

» The Senate then went into executive ses- 
nD. 

“ir. King, of Pitt, on the bill to pay “a- 
On Cobb, said, or meant to have said, 
young Cobb was sick nine weeks, and not 
ths. - 


oe ‘ 

“HOUSE OF REPRESENTATIVES. 

House was called to order at ten 
eck, Speaker Rose in the Chair. 

BILLS. 

Stanford, to change the time of hold- 
uperior courts of Pender and New 
yer counties. 


‘King, of Pitt, viorehead, Pemberton, Pin- | 


‘commissioners by the people. Ayes and 


¢ 


Session, 1883, 


| Opposition to this substitute;.thought the 
| substitute was exactly like the bill intro- i 








: 
: 


A AP ie is Rw if w 





C2ao ae 


Mr. Myers, to authorize the commission- _ 
ers of Mecklenburg county to appoint cot-) 
tnn weighers for the city of Charlotte. A: 

Mr. Bailey, of “Mecklenburg, to amend 
chapter 232, laws of 1879. ; 

SPECIAL ORDER. br 

The bill to revise and consolidate the pub- — 
lie schoollaws. * ie 

Mr. Robins offered a substitute for the 
committee’s report. Me 

Mr. Green, of Franklin, took the floor in, _ 


duced by the committee, except in regard 
to the county superintendents, which the p: 
substitute proposed to abolish, and to this 
point Mr. Green directed the attention of 
the House. He thought his friend from” 
Randolph was taking a step backwards. 
Any system of education without a head, | 
in his judgment, was worthless. If there © 
is any fault it is in the officer and not the ~ 
office. 4g 
There was a spirit of education being de- 
veloped and jhe was sorry to see any at- 
tempt made to shut the door against the ~ 
youths of the State. It was said his pay (7 
was disproportionate to his labor; we pro-  — 
vide to pay him $2 per day for each day | 
actually engaged. Under the old system 
the examiner was confined simply to this 
duty, but not so with the county superin- ‘ 
tendent, he had many other duties to per- 
form besides examining teachers; he must 
fully acquaint himself with everything con- 
nected with the schools in his county,and © 
counsel and advise as to what was best. 
Mr. Robins spoke to hs amendment, 
which provides for abolishing this office, 
and advocated its adoption on the ground ; 
that the present system absorbs much of  * 
the money for officers, while we are not — 
able to raise funds to keep up schools to 
teach the poor children for four monthsin ~~ 
the year. yh 
Mr. Powers, of Cleveland, was opposed 
to retrograding in so important a matter as 
education. There must be some organized 
system. In his county there were 100 
schoo! districts, with many different sys- 
tems, before the county superintendent was 
appointed. Such an officer was needed. 
What could the State Superintendent 
do if he were deprived of his lieu- 
tenants. If we adopt the amendments ; 
of the gentleman from Randolph, we strike 
at the life blood of the system. It means ~~ 
sxoing backward... It brings the institution 
into contempt—disintegration will set in— 
the system will be destroyed. 
vir. Green, of New Hanover,said: If we 
take up the last census and look at North 
Carolina, we tind that ignorance has taken 
possession of the State. This office had ~~ 
worked well in his county, and did not de- 
sire to have it abolished. 

















ne; 
7 
256 


Mr. McCotter did not desire to abolish 
this office, but had been instructed not to 
retain it. 

Mr. Bullock said he came here prejudiced 
against the office of county superintendent, 
and admitted it was on account of want of 
information on his part. Since then, by 
talking with the committee on schools and 
fully posting himself, thought it was best 
to retain the county superintendent; that 
the cause of education bad advanced be- 
cause of this head; felt a great interest in 
this matter; when we strike at this head 
we break down the system; try it two 
years longer; so dear is the cause of educa 
tion to me, that if I were instructed to vote 
to remove this officer I would resign my 
place on this floor first, evenif I never came 
here again. 

Mr, Stringfield said he felt a great inter- 
est in education. Every North Carolinian 
must blash upon seeing the census returns 
when he notes how low down the State 
stands in illiteracy; was strongly in favor 
of retaining this officer. For one he was 
not willing for it to go abroad, occupying 
the low scale in illiteracy that we do, that 
the Legislature of North Carolina would 
abolish this office. Give it two more years 
on probation, and the people will sus- 
tain us. 

Mr. Lenoir offered an amendment to 
strike out, in line two and three, ‘‘to visit 
and inspect the public schools of his county 
regularly,” and add, after the word ‘‘may,” 
in line nine, the words, ‘‘with the concur- 
rence of a majority of the school commit- 
tee of the district in which he is employed,” 
and by striking out all after the word 
“duties,” in line thirteen. 

This will retain the office of county su- 
perintendent, but not make it his duty to 
visit the public schools of his county regu- 
jJarly, and will require the concurrence of 
the school committee before he can sus- 
pend teachers. 

Mr. Wilcox said he had failed to hear 
from the remarks of any gentleman upon 
this floor sufficient evidence to justify him 
in supporting the office of county superin- 
tendent.” My people en masse are opposed 
to it, and are clamorous for its abolition 
I shall, therefore, support the substitute 
offered by the gentleman from Randolph, 
which will entirely abolish this office, and 
unless North Carolina could furnish more 
money to run her public schools, the abol- 
jtion of the superintendent, I consider, 
an imperative necessity.” 

Mr. Bailey, of Mecklenburg, moved to 
amend by adding at end of section ‘‘but 
such election shall be permissive, and not 
compulsory, so far as the county of Meck- 

_Jenburg is concerned. 

Mr. Glenn moved to amend by striking 
out all of section 41 down to the words ‘‘he 
_ shall advise” in the middle of line 3 and in- 
sert ‘‘it shall be the duty of the county 


Fae ia (ii BAN be 
Proceedings of the General Assembly of 


- 








WANS 








































































Pe 


A 
superintendent of pub 
and inspect the pu» 
whenever any schoo] 
quest him in writing so to” 

Mr. Glenn said, ‘‘We are v 
him $38 per day, for twelve 
amine teachers, and if school 
write for him to visit school distric 
willing to pay him for as many days 
services were secured.” A 

Mr. Harris, of Wake, and Mr. Ha 
Robeson, made a few remarks in f 
the committee’s report, urging that 
office be not abolished; to do so wou 
injurious; had not had the office 
enough to determine whether it was a 
ure or not. , 

Mr. Green, of Franklin, did not like 
cut off debate on so important a questi 
but we must come to a vote, he ther 
called the previous question. 

The amendments were adopted wii 
exception of Mr. Bailey’s, and on the qu 
tion of the adoption of Mr. Robins’ 
stitute it was lost—yeas 28, nays 55. 

The committee’s bill then passed its 
ond reading. pene 

Upon its third reading, Mr. Green, 
New Hanover, offered to amend section 
by giving teachers of third grade, $15 | 
month, teachers of second grade $25, 4 
teachers of first grade $40 per month. 
Lill then passed its third reading. 

SPECIAL ORDER. 
In regard to the draining of swamp lands 
nee and Pender counties. = 
r. Stanford favored the bill; with the 
amendment he would offer the bill will 
right and North Carolina well protec 
The Attorney General and Governor hac 
examined into the matter, and were satis 
fied the State would suffer no injury. The 
Jands now are not worth ten cents per ac 
if this cancl is cut will sell for $5 and — 
per acre. : 

‘ir. Stanford moved to amend as foll 

That befere the board of education sh 
pay over to said Duplin canal company 
part of the subscription they are aw 
ized to make under this act, they s. all 
isfy themselves by oath of some officer 
the coufty, and such other means as 
may think proper; that said county 
boua fide expended upon said canal a 
equal to the sum asked for from the’ boa 
of education. That before the board 
education shall pay over any funds to 
said Duplin canal compuny, they s 
require a justified bond in the sum of $ 
from the treasurer of said county for 
faithful disbursement and accounting 10) 
said funds, and said board shall at thee 
of each month requre of said canal 
itemized statement of the expenditu 
said company, and if said company” 
fail to return an itemized statement — 
quired by this act, it shall be unlawf 
said Board of Education to make a 


+ 


t ‘ 
7 D 


4 





JAE. 
a 


© 
0 















































th vances or subscriptions to said canal. 
Mr. Frayser was opposed to the bill. It 
as a private scheme. Had a letter read 
protesting against it. He had the cause of 
ducation at heart as much as any man; 
would do nothing to prevent funds coming 
into the educational fund, but this was a 
‘scheme that would do no good and he 
hoped it would be voted down. After a 
little further discussion the bill failed to 
"pass. 
_ The bill to-encourage the building of a 
railroad from some point on the W. N. C. 
_R. R. between Salisbury and Newton to the 
Tennessee or Virginia line via Taylorsville 
and Wilkesboro, was taken up. 
_ My. Leazer explained the provisions of 
the bill. The recent sale of the Cape Fear 
and Yadkin Valley Railroad without guar- 


the direction of Wilkesboro and Patterson, 
leaves the people of that section without 
hope of railroad communication with the 
outside world. This bill proposes to aid 
_ any company chartered prior to 1868, leay- 
ing tbe W. N. C. R. R. at any point be- 
_ tween Salisbury and Hickory, to penetrate 
_ the valleys of the upper Catawba and Yad- 
kin. It provides that the $55,000 accruing 
from the sale of the State’s stock in the 
_ Cape Fear and Yadkin Valley Railroad, be 
loaned, not appropriated, to any company 
_ building a railroad from between the points 
designated on the W. N. C. R. R. via Tay- 
lorsville and Wilkesboro to Patterson, in 
Caldwell county; oné-fourth to be loaned 
_ when the road has been graded to Taylors- 
ville; one-fourth when it reaches Wilkes- 
oro; one-fourth when it crosses the Yad- 
in river, and the remainder when it reaches 
Patterson; and no loan to be made in any 
instance till the bonds of the respective 
counties through which it passes shall have 
_ been deposited in the State treasury. 
_ This bill offers some hope, and the only 
_ hope these isolated people have of getting 
any railroad, and they ask those of other 
sections who have enjoyed so mueh of the 
State’s favors'to come to their relief. 
__ Mr. Bower said that he had not expected 
_ that this bill would be called up to-day, but 
was glad to welcome‘it. He concurred with 
the gentleman from Iredell in all he said. 
‘This bill did not ask an appropriation, but 
a loan to any company that will constructa 
road through the counties of Iredell, Alex- 
“ander, Wilkes and Caldwell. ‘We ask the 
‘State to lend us the $55,000, which the 
icate are to pay for the State’s stock 
he Cape Fear and Yadkin Valley Rail- 
d. We offer you good security, the 
ids of the counties interested, which, so 
as I know; are at par. We have aban- 
d all prospect of getting aroad through 
yndicate, and we think this offers a 
ble prospect of a road sometime in 
or rresources are varied and 


_anty for the construction of a branch in’ 















j , * 


257 


vast. Wehave asalubrious climate, a well — 
timbered and well watered section, abound-° — 
ing in mineral and agricultural wealth. I 
presume the members of this House are — 
acquainted with the geography of the State, 
and if this presumption is right, then every — 
one must;be aware of the many induce- — 
ments which this section offers for the con- — 
struction of arailroad. I hope the bill will — 
meet with no serious opposition.” apt 

Mr. Green, of Franklin, opposed the bill. 
North Carolina has tried for many weary — 
years to disentangle herself from railroad 
corporations; had parted with all except — 
the North Carolina Railroad. It wasa bad ~ 
precedent to set; this giving the bonds of — 
the State in exchange for county bonds. — 
When they come to be redeemed they ~ 
would regard it as a son would a loan from if 
a father. When the note become due they 
would feel that they ought not to be made © 
to pay it. 

Upon a vote being taken the bill passed 
its second reading. 

Adjourned. ‘ 

[Notz.—We stated in yesterday’s report 
that the town of Chadbourn, in Bladen 
county, had been incorporated. We should — 
have said the town of Chadbourn, in Co- 
lumbus county. 

Mr. Stanford, of Duplin, took a great in-— 
terest in the bill for the support of the State 
Guard, which passed the House yesterday. 
Mr. Stanford is always alive to anything af- 
fecting the welfare of North Carolina. } 


_ SENATE. 
S snag . 
NIGHT SESSION. ny 
WepnespAy, March 7,1888. 

Bill to prevent live stock from running at 
large in Kittrell’s township in Vance county, © 
passed third reading. 

Bill to incorporate the Carolina Wharf | 
Warehouse and Lompress Company, passed 
third reading. Ato 

Bill to incorporate Stanhope Academy in 
Nash county, passed third reading. 

RAILROAD COMMISSION. iN 

Bill to create a railroad commission came 
up as special order. it 

Mr. Watson moved to amend by striking — 
out all after the enacting ‘clause and insert- 
ing after that the House bill. es 

Mr. Ramsay asked that his amendment 
this morning to the bill be first considered. — 
The amendment was, taken up, proposing ~ 
to elect the commissioner by the people. 
Mr. Ramsay spoke in support of his amend- 
ment. He said the people knew whoto — 
appoint better than we did. ; aM 

Mr. posehend asked if he didn’t think if 
left to the people it would become political. — 

Mr. Ramsay said it might, but if left to 
the Governor it also might become political. — 

Mr. Morehead said he was opposed to the 
amendment. 








ee ee 


Ze 


<i 


ee’. Sets 


>t 


= = Sonus = Fe ere =e 


ro ge 


= she a 


<— = 


2 s 
cee ee 








, Hy Ce WAS 
258 


Ayes and noes were called. Ayes 18, 
noes 28, so the amendment was not 
adopted. 

Mr. Watson then sent forward his amend- 
ment, and explained that it would only in- 
elude the House bill now on the Speaker's 
desk, shorn of all its amendments. 

Mr. Morehead offered an amendment to 
strike out ‘‘appointed by the Governor with 
the consent of the Senate,” and insert 
“elected by the General Assembly.” 

Mr. Alexander said they were willing to 
accept that. 

Mr. Pemberton, the author of the substi- 
tute, said he hoped this amendment would 
be adopted. Wesecemed to be in a sirait 
for time here, and as the mode of electing 
the commissioner was what was the matter 
' with Hannah, (laughter), he was satisfied 
with the Legislature’s electing sim, and 
hoped the amendment would pass. 

Mr. Morehead said he would withdraw 
his amendment, but objection was made, 
and the amendment was put to the vote and 
adopted. 

Mr. Womack amended to have three com- 
Missioners, as he thought with only one to 
elect this Legislature would be three weeks 
deciding the man, and with three they 
would harmonize in fifteen minutes. 

The amendment failed. 

Mx. Pinnix said this substitute amounted 
to nothing ; he spoke against the idea of a 
one-man commission. 

Mr. Alexander defended the substitute ; 
he said the turning on the light on discrim- 
inations and violations of law is more 
dreaded by railroad corporations than would 
be of three commissioners who would have 
executive, legislative and judicial powers. 
The railroads dread hostile legislation, and 
this substitute will give the Legislature the 
information necessary to frame laws that 
will prevent the evils complained of. 


Wr. Watson spcke for the original House 
pill; he regarded it as the only strong plan 
for giving the people relief. 

_ Mr. Boykin said that the substitute pro- 
vides that the commissioner shall report 
complaints to the Governor, and the Goy— 
ernor to the succeeding General Assembly. 
The Legislature for a month has been striv- 
ing to control railroads in their tariff. If 
the Legislature now cannot control roads, 
and it has signally failed heretofore, how 
can it be hoped that the next General As- 
sembly will be able to do it, upon the re- 
commendation of the commissioner. He 
was in favor—as between the substitute of 


the Senator from Mecklenburg and the) 


original bill—of the original bill. A com- 
mission Is demanded and the substitute 
does not seem to confer plenary powers. 
Mr. Watson’s amendment was then voted 
on, and ayvesand nays called. Ayes 15, 
"nays 23; so the amendment failed. 

' Mr. Scott, of New Hanover, said he re- 


a 


" y Za, ere ~£ 


Proceedings of the General Assembly of 





be it, 
Ne Ai 
























































garded a railroad comm 
reat importance. Cer 
Jastern 
of high freight. 
these commissioners should he 
the people of the State, and 
he should vote against all the bills, — 
Mr. Battle said, while in favor of 
road commission the bills were now 
tilated they were worthless to do any ¢ 
and he could not support them, — 
Mr. Morchead said the Senator from 
after hearing his amendment w 
something in the bill to support. 
The amendment was that the commissio 
ers should have power to regulate fr 
and fares. ‘ 
Mr. Watson read a letter from Fet: 
Connor, of Concord, complaining of 
freights. ae 
Mr. Scott, of Rockingham, only wantec 
to express his regret at the course this m: 
ter had taken. He thotght the coun 
needed a railroad commission because 
demanded one. Even if one was adop 
now he doubted whether it would pass, 
the tide was going out rapidly in the o 
House. The only relief he saw in re 
was the amendment of the Senator fri 
Guilford, and he didn’t believe it was 
temper of the majority here to adopt tf 
He spoke of the uselessness of the substi 
tute. The hour was near at hand when 
issue had to be made against these sou 
corporations, and he said let it come, h 
one was ready to meét it. He was lik 
old maid when she prayed, this substitut 
might be better than nothing if it ean 
hrougli the House. He thought this 
a little worse than nothing and 
than he had expected under the dis) 
shown by the Senate in this discussion. 
Mr. Loftin said he had listened to 
Seantor from Rockingham with m 
pleasure. But when this bill came her 
this morning he resolved that we ei her had: 
to take back steps or the bill should 
tabled. We had consumed much ti 
in this that should have been given to m 
useful legislation. He referred to the 
ator from Rockingham calling the raijlroa 
soulless corporations; he said they -< 
much good to the country, when one p 
pered the other’prospered, and we shot 
strike a medium between the two and try 
and do justly by both. He had never head 
aman on the stump say he was for a 
road commission; it had never been m 
tioned in the canvass, and there were 
twenty men in his distiict who made co: 
plaint so far as he knew. He took no sto 
in this cry of a fight between the railr 
andthe people. _ ‘ aoa 
Mr. Lovill called the previous question, 
The first question was the amendme: 
the Senator from Guilford, that the com 
=inhie and fares. 


sion should regulate fr 
Ayes and nayes calle 


aie 






* 












































was as follows : 
-—Messrs. Battle, Boykin, Clarke, 
, Dortch, Ebbs, Farmer, Gray, Hill, 
ing, of Pitt, ‘Loftin, Lovill, Lyon, Mc- 
n, Morehead, Neill, Pemberton, Pinnix, 
ole, Ramsay, Richardson, Scott, of Roek- 
sham, Strayhorn, Toon, Watson, Webb, 
itford, Womack—28. 
Ways.—Messrs. Alexander, Black, Car- 
rT, Costner, Eaves, Mebane, Morrison, 
ayne, Purnell, Scott, of New Hanover, 
oodhouse—11. ; 
Mr. Payne’s amendment to section 3: 
/ Whenever in the judgment of the railroad 
“eommission it shall appear that any corpo- 
‘Yation has violated any constitutional pro- 
Vision of law, or unjustly discriminates in 
its charges for passenger fare and freight, 
or refuse to comply with the recommenda- 
| tion of the commission, he shall give notice 
“iW writing to -uch corporation, and if the 
Violation or neglect is continued after no- 
‘tice, the commission may present the facts 
' to the Attorney General, who is authorized 
to institute necessary proceedings. 
» Ayes and uays were called. Ayes 34, 
) nays 3; the amendment was adopted. 
» Mr. Loftin said it was gravely stated this 
“morning that to amend this bill would kill 
‘it, he voted aye. 
' Bill came up on its third and final read- 


P Mr. Strayhorn-asked the ayes and nays. 
‘Ordered. - j 
| The vote was as follows: 
_ Ayxes.—Yessrs. Alexander, Battle, Black, 
‘Boykin, Clarke, Costner, Cozart. Dortch, 
Ebbs, Farmer, Goodwyn, Hill, Jones, King, 
of Pitt, Lovill, McLean, Morehead, Morri- 
"son, Neill, Payne, Pemberton, Pinnixi 
Poole, Richardson, Scott, of Rockingham, 
‘Strayhorn, Toon, Watson, Webb, Whit- 
ford, Woonhouse, Womack—22. 
» Nays.—Carter, Haves, Gray, Loftin, 
Lyon, Mebane, Purnell, Ramsay. Scott, of 
New Hanover—9. ; 
_ The report of the tellers and magistrates 
was adopted. 
\ Mr. Loftin stated to the Senate that he 
ad received a telegram announcing the 
death of Hon. R. W. King, in Lenoir, his 
predecessor in this body. . 
| Bill to pay certain public school teachers 
Northampton, passed its third reading. 
Bill to protect the new double iron bridge 
across the French Broad river, at Asheville, 
sed its third reading. 
ill to prevent felling of trees in Cheohee 
r and its tributaries in Grabam, passed 
} third reading. 
Bill to change the name and amend the 
ter of the Edenton and Norfolk Rail- 
| Company, passed its tuird reading. 
allowing two weeks for Superior 
t in Vance county, passed its third 


to authorize the commissioners of 


Did 





Session, 1883. tr 


SS ee SS ES ee eee ee eee 


’ tat ya! 





the town of Lenoir to lay off streets, passed _ 


its third reading. 4 
Adjourned. 


HOUSE OF REPRESENTATIVES. © 





EVENING SESSION. 

WeEpNESDAY, March 7, 1883. 

To authorize commissioners of Madison 

county to open a county road, third read- 
ing 


seventh judicial district, third reading. 


To prevent obstructing the passage of — 


fish in Sandy Mush creek, in Buncombe 
and Madison counties, third reading. i 

To permit the presiding judge to extend 
the term of Craven court three weeks, third 
reading. 


To prohibit sale of liquor in certain locali- ; 


ties in Buncombe and Madison’ counties, 
third reading. 

To allow J. T. Dawson, former sheriff of 
Halifax to collect arrears of taxes, third 
reading. : 

To drain the lowlands of Abbott’s creek, 
in Forsyth courty, third reading. 

To equalize the school fund in Ruther- 
ford county, third reading. ‘ 

Relative to stock law in Rutherford 
county, third reading. 

To prevent the destruction of game 
in New Hanover county, third reading. 

To amend the charter of town of Bethel, 
Pitt county, third reading. 

To prohibit the sale of liquor within one 
mile of Wilson’s Mills, in Johnston county, 
third reading. j 

To drain the lowlands of Spurgeon’s 
Creek, in Davidson and Forsyth counties, — 
third reading. 

To cede to the United States certain 
wharfs in Wilmington, third reading. 

To authorize the commissioners of Bah- 
fax county to fund and pay the debt of 
said county, second reading. 

To authorize the commissioners of 
county to levy a tax, third reading. 


: 


To authorize the commissioners of Madi- -— 
son county to levy a special tax, thirdread- 


ing. 

To authorize the board of commissioners 
of Wake county to. levy a special tax, third 
reading. i 

To authorize the board of commissioners 
of Cabarrus county to levy a special tax, 
third reading. ; 

To amend the charter of Greenville, 


| Pitt county, third reading. 


Special order, for the completion of the 
Eastern Insane Asylum—($2,500 for the 
new wing)—third reading. 

The report of the teller on the election of — 
justices of the peace was received. 

Mr. Glenn, a resolution to adjourn March 
9. Adopted. 


a a es 


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a4 


rh ne 


To change the time of holding court in 


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Lenoir 


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To amend charter of city of Charlotte. — 


a | 





260 


(Allows the aldermen to elect the Mayor.) 
Motion to table prevailed. 

Mr. Glenn, a'resolution—the Senate con- 
curring—that this General Assembly will 
adjourn sine die on Friday the 9th of March, 
A. D., 1883, at 2p. m. Adopted. 

Resolution to compensate the clerks of 
the committees on appointment of justices, 
third reading. 

Resolution in favor of doorkeepers and 
assistant doorkeepers, laborers and pages, 
third reading. 

To protect stockholders of corporations, 
third reading. 

To incorporate the town of Morgan in 
the county of Anson, third reading. 

In relation to roads and highways. Pend- 
ing discussion the House adjourned. 


SENATE. 
FIFTY-SIXTH DAY. 
: Tuurspay, March 8, 1883. 
The Senate was called to order at 10 
o'clock. 

Mr. Alexander, as chairman of the finance 
committee, reported that the conference on 
the bill to. raise revenue had concurred in 
all the Senate amendments save the one 
concerning marriage license. The report 
was adopted. 

BILLS. 

Mr. Poole, bill to prohibit the sale of 
liquor in two hundred yards of St. An- 
drew’s church, in Tyrrell county. 

OALENDAR. 

Bill to incorporate Pollocksville, in Jones 
county, passed its third reading—yeas 30, 
nays none. 

Bill to establish a graded school at Mag- 
nolia, in Duplin county, passed its third 
reading—yeas 29, nays none. 

Wir. Ramsey, resolution of thanks to 
Lieutenant-Governor Robinson. 

Bill to establish a graded school in the 
town of Washington, passed its third read— 
ing—yeas 28, nays none. 

Bill to authorize the commissioners of 
Warren county to levy a special tax, passed 
its third reading—yeas 31, nays none. — 

Mr. Lyon, resolution of thanks to the 
officers and employees of the General As- 
sembly. 

Mr. Scott, cf New Hanover, bill to amend 
chapter 23, Battle’s Revisal. 

Bill to authorize the construction of a 
public ferry across the Great Pee Dee, n 
Anson and Richmond counties, passed 
third reading. 

Mr. Black, bill to amend section 4, chap- 
ter 35, of laws of 1881. 

Bill to pay Confederate soldiers not worth 
a thousand dollars who have lost limbs— 
pays $75 a year for leg off above the knee, 
$50 below, or for an arm off. 

Senators asked information as to how 
much the appropriation would be before 
they could vote for it. 


Proceedings of the General Assembly of North Care 










































Mr. Pemberton said he was informe 
the House that it would take 
year. He explained that the bill pro 
that the sheriff, the clerk of the court 
the chairman of the county commissioners 
should constitute a board to pass upon whe 
of these men should be entitled to it. 

Mr. Battle said he hoped the bill would - 
pass, it had all merit, and if it hadn’t been 
for the soldiers we would have had no war. 
(Laughter. ) ay 

Mr. Watson offered an amendment making” 
it the duty of the county commissioners to 
ascertain in each county the number of sol-— 
diers of the late war who would come within 
this pension list, and first report the num- 
ber of same to the Secretary of State. He 
said we would then he prepared to know 
what to do, and not have to cut the garment 
with no idea of what to fit. He said if we 
were able he didn’t think the bill even went 
far enough, and that it ought to be made 
an annual fund. ; 

Mr. Pemberton hoped that amendment — 
would not pass He said aslong as he was 
able to raise his arm or pay his taxes, he © 
was going to stand by this poor unfortu- 
nate class. Are we to let these noble men 
die inthe poor houses? It was not a pen- 
sion; the man who called it a pension was ~ 
a demagogue and a fool; it was a commu- 
tation, and the man worth a thousand dol- 
lars could not get it; it was only a pittance 
at best. i 

Mr. Battle said: ‘Is there a man with 
soul so dead who never to himself hath 
said, this is my own my native land.” 
(Laughter. ) . 

A Senator—I don’t think there is. 

Mr. Battle said this was but a simple mat- 
ter of justice. He was standing by this — 
bill, and hoped it would pass. ¥ 

Mr. Whitford said if there was a man on 
this floor who had no sympathy with his 
class, and would not vote for this bill, he 
was not worthy to hold his seat. [Applause. ] 
He had gone into the army when twenty 
six yegrs of age, and he was not only for 
standing by these maimed soldiers, but by — 
their widows and orphans. ral 

Mr. Watson said: I send forward an 
amendment to include widows and orphans 
of soldiers killed in battle. Now, sir, if, 
after investigation, we find that we can, 
we should provide for both the maimed sol- 
diers and poor widows. have in my 
mind’s eye now a poor widow struggling in” 
poverty, whose gallant husband died by my 
side in one of the battles of the Wilderness. — 
When I fought—not as an officer, like the 
Senator from Jones, but as a private—a_ 
boy without beard, and as such received 
wounds that would bring me within the 
provisions of the bill, but for the fact that 
by the blessings of Providence and my own 
exertions I am worth over $1,000. thane 

Mr. Richardson said if you would go t¢ 









































lis muster roll it would show as many 

zimed men who came out of Company C, 
th N. C. Regiment, as any company in the 

te. But he wanted to inquire about the 
ost of this matter, as these very men 
vould want to know themselves how much 
noney it would take, and not have it as our 
ension bill was—to go on increasing, from 
‘year to year. He was not opposed to the 
pill, was willing to vote for it, but wanted 
o know the cost. 

Mr. Strayhorn said he had served in the 
"war, and nine of his name had been killed 
‘from the county of Orange; he wouid do 
inything for the indigent soldiers, and the 
eople at home would notsee them suffer ; 
but was it prudent for us to make this ap- 
' propriation without knowing what the cost 
would be? ' 

» Myr. Black was not against the bill, but 
,wasfor postponing it for two years and 
“counting the cost. 

' *y. Pinnixs said he favored the bill, his 
‘people would not object to it. Every teu 
years a bill helping these noble soldiers in 
this way was popular with the people. 

' Mr. Boykin said he was in favor of the 
bill avid should vote for it. 

' Mr. Webb was not opposed to paying the 
“soldiers, but he wanted the bill to apply to 
all equally. He was opposed to this bill as 
‘it read. He could not vote intelligently on 


' Mr. McLean called the previous question. 

» The vote was taken on Mr. Watson’s 
amendment. It was adopted by a rising 

‘yote ; Mr. Poole inthe chair deciding that 

‘the ayes and noes were not ordered. 

Senators objected to the voting. Mr. Bat- 

‘tle saying he had voted under a misappre- 

hension. 

_ Mx. Pemberton gave notice that he would 

enter a protest against the action of this 
Senate. 

' Motions to reconsider and points of order 

_ were made. 

_ Bill came up on’second reading. Ayes 

“and noes ordered-—ayes 32; noes 0; so the bill 

' passed second reading. 

| Mr. Womack objected onthe third read- 

no. 

Mr. Pinnix said the objection was too 

te—the bill had been read. 


) Mr. Womack said he made it before the 
Teading of the bill. The chair so held. 


“quired a two-thirds vote. 


_ Mr. Strayhorn made the point of order 
that a two-thirds vote had not been taken. 
he effort of the friends of the original 
ll as it came from the House was to get 

bill wilh the amendment, which they 
onsidered would kill it, on third reading, 
then amend so as to strike out that 
endment and pass the original bill, but 
uled and went to the calendar. 


At its Regular Session, 1888. 





Mr. Pinnix moved its third reading. Re- | 





261 


Mr. Dortch, bill supplemental to the 
Code, passed its third reading. 

Mr. Pinnix moved to suspend tlie rules 
and take up the soldier’s bill on its third 
reading, and on that he asked the yeas and 
nays. 

Mr. Strayhorn rose to a point of order, 
that the Speaker was debarred, under the 
regular order, and that the Senate hadonce | 
refused to put that bill onsits third reading 
by a two-thirds vote. 

The chair decided against Mr. Strayhorn. 

The yeas and nays were called on the 
motion to take up the bill—yeas 17, nays 
21, so the motion to suspend the rules did 


‘not prevail. 


Mr. Dortch, resolution that the two 
Houses take a recess at 12 m. on Saturday 
10th day of March, 1883, to Monday at 11 
a.m., the 12th day of March, 1883, and 
that the two Houses adjourn sine die Mon- 
day at 12 m. 

wir. Morehead was in favor of amending 
so as to take the recess from Friday at 2:30 
p.m., instead of Saturday. 

Mr. Dortch said that there might be im- 
portant bills to pass on Friday. 

Mir. Webb was in favor of Mr. More- 
head’s amendment, there were a number of 
Senators who in order to reach home would 
have to leave on Friday night. 

Mr. Battle was against adjourning Fri— 
day, members should stay here, and let us 
not adjourn under whip and spur. 

Mr. vicLean asked Mr. Battle if he was 
not aware that the House had passed a res- 
olution to adjourn Friday at 12 m. sine 
de. 

Mr. Battle said they couldn’t adjourn un- 
less the Senate agreed. 

My. Strayhorn was in favor of Mr. More- 
head’s amendment to take the recess from 
Friday to Monday, and called the previous 
question. 

The resolution as amended was adopted. 

vir. Boykin, bill to amend section 1, 
chapter 327, of laws of 1881. 

A message from the House stated that it 
had heard that the bill reorganizing the 
Board of Agriculture had not yet been rati- 
fied, and if so, that if would not be proper 
to go into an election of the members of 
the board at the designated hour, 12 m. to- 
day. 

Bil to change a small portion of the line 
between Wilson and Edgecombe. 

Mr. Farmer supported it. 

Mr: Battle opposed it, and spoke earn- 
estly and eloquently against if. 


Previous question called. Ayes 25, noes 
11, so the bill passed second reading: 

Mr. Battle objected to the third reading. 
It required ‘a two-thirds vote. Enough 
voting. So the bill was read the third time, 
and Mr. Dortch called the previous ques- 
tion. Bill passed third reading. 

Mr. Scott, of New Hanover, made an 











” 
Ay 


262 


earnest appeal to the Senate to take up his 
bill preventing the pa lacy fe in Wilming- 
ton fron? deputizing officers and put it on 
its readings. 

The bill wastaken up and amended only 
to apply to the Counties of New Hanover, 
Craven, Mecklenburg and Wake, and passed 
its third reading. 


Bill to amend section 1, chapter 327, laws | 


of 1881, passed third reading. 

Bill to incorporate the Chowan and Roan- 
oke Railroad Company, passed third read- 
ing. 

Reactution authorizing the trustees of 
the public library to furnish records touch- 
ing the colonial history of this State, passed 
third reading. 

Bill to incorporate the town of Shiloh, in 
Camden county, passed second reading— 
ayes 80, noes 0. » 

Bill for the completion and furnishing of 
the Eastern Insane Asylum, at Goldsboro, 
passed third reading. It appropriates $2,- 
500. 

Resolution in favor of the principal and 
assistant doorkeepers of the Assembly, al- 
lowing $75 cach to principals, 50 to as- 
sistants and $10 each to pages. 

Mr. Jones amended, to add John Lindley 
50. He explained that at the door of the 
House stands a one-armed man, wno served 
sis country, was at the siege of Vicksburg, 
also at Perryville; lost his arm, and there 


‘was a man of no better record at home, and 


had stood at that door in season and out of 
seasod- 

Mr. Neill amended to add, ‘‘and John 
Cox, an employee of the Senate, $50. 

There was much debate on these propo- 
sitions. The previous question was called. 

Mr. Jones’ amendment was adopted. 

Mr. Neill’s amendment was adopted. 
The question then came on the resolution 
on its second reading. 

Vir. Strayhorn asked the yeas and nays. 
Ordered—yeas 22, nays 11, so the resolution 
passed its second reading and then passed 
ifs third. 

Bill to revise and consolidate the public 
school law. 

Mr. Pemberton stated that the joint com- 
mittee had agreed on that bill in the shape 
it was; they had had much trouble; it re- 
tains the office of county superintendent 
and cuts down his pay to $2 a day and 
restricts powers. 

Mr. Purnell said $2 a day would not pay 


' the superintendent in Wake; he could not 


feed and hire a horse on that, and if the 
Office was retained at that pay he asked to 
amend the bill not to apply to the superin- 
tendent in Wake, but to leave the pay $3 a 
day in that county. 

Mr. Alexander asked to include Mecklen- 


| burg, and other Senators asked to include 


their counties. 
_.Mr. Pemberton said the amendments 


Proceedings of the General Ass 








ass. 
al 


would kill this bill for 
hoped none of them would 
vir. Webb said the county 
ent in his county (the county o: 
had done much good since this 
and he submitted that this bill” 
abolished that office—for instance, he 
no rizht to visit the schools unless he w 
invited. iss i 
Different Senators voted the superintend 
ents’ pay $3, and offered amendments tc 
have it apply to Wake, Mecklen 
Bladen, Henderson, Yancey, ete. 
All the amendments were voted 
and.the bill passed as it came from 
House and reported by Mr. Pemberton, the 
chairman of the committee. hy 
Adjourned. . 



























































NIGILE SESSION. | ane. 
Senate met at 7:30, President pro tem? 
Mr. Morehead in the chair. : a 
The bill to revise and consolidate the 
public school law, passed its third reading: 
Bill to regulate appeals from allotment ¢ 
exempt property, passed its third read 
Bill to declare the mother of children 
certain cases their natural guardian;it ma 
it so that the mother can sue where the 
husband is dead and get the pay for serv 
ces of her children, if necessary. Pas 
its third reading. - : 
Resolution in favor of the Dixie Agri 
tural and’ Mechanieal Association, pasi 
its third reading. yy 
Bill to prohibit the taking of oysters from 
Myrtle Grove Sound, in New Hanover 
county, passed its third reading. 
Bill to protect partridges and wild tur- 
keys in the county of Warren, passed it 
third reading. i 
Bill to allow all boats to carry freight t 
and from Gaston; failed for want of a qi 
rum, the motion having been made tot 
and a rising vote taken. : ma 
Bill to incorporate the Bank of Oxfore 
passed its third reading. 
Bill to amend chapter 143, pu slic law: 
1879, as tolaying off 4 canal in P 
county, draining of Angola Bay. passed 
third reading. 3 
Bill to amend section 8, chapter 178, 1 
of 1879, in regard to giving six soldiers 
eyes shot out, (only six in the State, 
dollars a year. Mr. Watson said since t 
one of these was dead, and this billiner 
ed their pay to ten dollars a year, p 
its-third reading. ; 
Bill in relation to fishing in the water 
White Oak and New rivers, and the sou 
between them, passed its third reading. 
Bill to amend the Jaw touching t 
duction of women; in regard to plead 
civil action—not necessary to allege 
lation of master and servant, in ¢ 
cases. ' 
On motion of Mr. Womack, th 
sent amessage requesting to go © 











































ction of members for the boarg@of agri- 
ure at 9 o’clock to-night. 

_ Mr. Scott, pf New Hanover, had taken up 
e bill to allow any three Mondays to the 
tk of New Hanover county, to carry his 
m north for amputation of his leg. 

Mr. Purnell amended to strike out ‘‘any.” 
Pee The bill passed third read- 


ia ean to authorize Myra E. McCaull, admin- 
‘istratrix of R. R. McCaull, late sheriff of 
Caldwell county, to collect back taxes, 
passed third reading. 

Bill to establish public ferry across Wac- 
) camaw river, in Columbus county, passed 
_ third reading. 

' Billto authorize the town of Concord to 
) issue bonds passed second reading—yeas 
| 2i7, nays noge. 

Y Bill to amend charter of town of Laurin- 
burg, in Richmond county, passed third 
reading. 

Bill relating to bringing stock from other 
‘States into this (State passed third reading. 
» Bil authorizing the town of Warrenton 
' to subscribe stock to Warrenton R ailroad, 
and for other purposes, passed second read- 
) ing—yeas 27, nays 1. 

Bill to give twelve days for working the 
' public roads in Beaufort and Tyrrell on 
ed third reading. 


Se & 


' Mr. Clarke moved to table the bill, and 
on that he asked the yeas and nays. Or- 
) dered—yeas 18, nays 12; so the bill was 


tabled. 

_ Sill to publish the reports of the supreme 

‘court; allows the Secretary of State to have 

» them ‘published i in or out of the State, pass- 

edits third reading. 

» The clerk read the names of members re- 

commended by the committee for the board 

of agriculture : 

' Hirst Congressional district, R. W. Whar- 

~ton—Beanfort county. 

> 2nd. A. G. Brooks—Wilson county. 

' 3rd. John R. Oates—Sampson county. 

4th. W. I. Green—Franklin county. 

5th. L. W. Anderson—Stokes county. 
6th. John Robinson—Anson county. 
7th. A Leazer—tiredell county. 

» 8th. + urwell Slanton—Cleaveland Co. 

» 9th. C. D. Smith—Wacon county. 

' Report was adopted. 

il] to prohibit liquor in one mile of Wt. Ta- 

or church in Columbus county, passed its 

ird reading. 

Bill relating to certain contracts for the 

ease and conditional sale of railroad equip- 

ments, and rolling stock, and providing for 

the record thereof, passed its third read- 


2. 

Hilto amend the Durham graded school, 
issed its third reading. 

ill to prohibit the sale of liquor in ra 
ds of St. Andrew’s church in Tyrrell 
munty, passed its third reading. 


ill to ope an act to ieaonieite the 


Roe a se its Regular Session, 1883. 








Jonathan’s Creek and Tennessee Mountain 
Turnpike Company, passed its third read- 
ing. 

Bill in relation to the State’s stock in the 
Atlantic and North Carolina Railroad Com- 
pany. 

Mr. Battle moved to refer the bill to the 
committee on internal improvements, and 
spoke against the bill. 

The Dill proposes appointing the Goy- 
ernor, Treasurer and Attorney General com- 
missioners, with full power to sell, transfer 
or pean: or merge the State’s stock in that 
road. 

Mr. Whitford spoke in favor of the bill. 

Mr. Dortch gave his deliberate opinion 
that it was highly important to*pass this 


bill; he said the State owned thirteen hun- 


dred thousand dollars of the stock, that it 
was perfectly worthless and the road under 
mortgage, and the only way to save it from 


being foreclosed was to sell the road and ~ 


let it be extended. 

Mr. Whitford said he wanted to see this 
road go out of politics; he represented the 
tax-payers of eastern North Carolina, and 
his sentiments about the road were their 
sentiments; he said he was raised between 
the plow handles, and he represented the 
qualifications of five counties in the State 


; and was proud of it, and his whole desire 


was to get this road out of politics. 
Mr. Loftin said in the name of the people 
of Lenoir, who had paid fifty thousand dol- 


263. 


lars and the interest on this road, he asked ~ 


they should have a hearing on this bill be- 

fore it was acted on. The fact, he said, 
that this road was mortgaged ‘had been 
known for years, and why had not this 
proposition been brought up before? He 
did not desire to be understood as opposing 
this bill, but under it the private stock was 
not protected, and before such a bill was 
passed he would Hike for the chairman of 
the board of county commissioners of his 
county to be heard; he might be in favor 
of it, and he was ‘willing “to stay here, if 
necessary to consider the proposition. 

Mr. Richardson said this was a matter of 
mucb importance, and his people would 
like to dispose of this road, if to their ad- 
vantage, but we hadn’t time at this late 
hour to discuss this bill to-night, and he 
hoped it would be made a special order for 
to-morrow at 10:30. 

Mr. Clarke hoped the bill would be re- 
ferred. 

Adjourned. 


HOUSE OF REPRESENTATIVES. 
TuurspDAyY, March 8, 1888. 
House met, at 100’clock, Speaker Rosein 
the chair. 
The reading of the journal of yesterday 
was dispensed with. 
BILLS. 
Mr. Bailey, of Wilson, to change as mall 


264 


ortion of the line between Wilson and 
dgecombe counties. 
CALENDAR, 

Bill appropriating $50 to the Penitentiary 
Sunday School passed third reading. 

Act to authorize justices of the } peace in 
certain cases to issue process to any county 
other than their own. Laid on table. 

SPECIAL ORDER. 

To encourage the building of a railroad 
from some point oni thes W. IN 7CaK. R:, 
between Salisbury and Newton, to the Ten- 
nessee or Virginia line via Taylorsville and 
Wilkesboro. 

Messrs. McCotter, Robins, 
were opposed to the bill. 

Messrs. Leazar and Harris, of Wake and 
Lenoir, spokein favor of the bill. Passed 
third reading. [This bill was discussed at 
lengthin yesterday’s debate. ] 

OALENDER. 

Bill to extend the time to redeem lands 
sold for taxes and bought by the State. 
Pussed third reading. 

Concerning the sale of spirituous liquors in 
Elizabethtown, N. C. Passed third read- 
ing 


and Forbis 


‘Bo declare the mother natural guardian 
in certain cases. Passed third reading. 

Vo prevent negligence about railroad 
ears. Passed third reading. 

To authorize trustees of public libraries 
to obtain records of colonial history of this 
State. Passed third reading. 

Act relating to certain contracts for the 
lease or conditional sale of railroad equip- 
ments, etc. Passed third reading. 

Substitute to an act amending chap. 17, 
section 277, of the Code. Passed third read- 
ing. 
fo amend chapter 293, laws of 1881. 

Toamend chapter 165, laws of 1879. 
Passed third reading. 

To amend chapter 143, laws 1879. Passed 
third reading. 

To amend sec. 6, article 4 of the cunstitu- 
tion, providing for an increase of the judges 
of the Supreme Court. Laid on the table. 

In regard to the duties of State ( hemist. 
Pending the discussion on this bill, the 
special order; to aid and provide for the 
completion of the Midland N. C. R. R., 
was announced. 

A substitute was offered by Mr. Baum. 

The consideration of this bill took up the 
balance of the morning session. Short 
speeches were made for and against and 
the order was not of the best kind. 

Adjourned. 

NIGHT SESSION. 
Tuurspay, March 8, 1873. 

The House met at 7:30 o’clock, Speaker 

- Rose in the chair. 
In regard to the publishing of the Su- 


_ preme Court Reports, amended so that not 
more tian fifteen numbers shall be pub- 


lished in any one year; that before having 


Proceedings ‘i the General 5 dstoune of Be 









































wig an eae 


said Recmie republis 
State shall contract for the s 
one-half of the various Repo: 
to publish at a price not less than 
of publication, third reading. —_— 

Authorizing commissioner of ! 
county to levy a special tax, thixd 
ing. 

‘Act supplemental to the Code, third 1 
ing. 

To amend chapter 188, laws of sie 
third reading. 

To incorporate the Albemarle and Ro 
oke Railroad Co., third reading. : 

Resolution in favor of the principal a 
assistant doorkeepers, third reading. — 

The election of the Directors of the ney ve 
Board of Agriculture was then gone into. 

The following are the namesgof the gen- 
tlemen recommended for this position by ; 
the committee : 

R. W. Wharton, of Beaufort county, 1st. 
district. 

A. G. Brooks, of Wilson county, 2d dis- 
trict. 

J. A. Oates, of Sampson county, 3d di 
trict. ni 

W. F. Green, of Franklin county, 4th dis 
trict. 

L. W. Anderson, of Stokes county, 5th 
district. 

J. Robinson, of Anson county, 6th dis 
trict. , 

A. Leazar, of Iredell county, 7th dis 
trict. ; 
B. Blanton, of Cleveland county, 8th diss 
trict. 

C. D. Smith, of Macon county, 9th dis- 
pian 


y, 


r. Smith, of Wayne, placed the name 
of Tone Whitford in nomination. : ‘ 

Messrs. W. W. Lenoir, J. Evans and iJ 
R. Thigpen received several compara 
votes. 

This requiring the concurrence of th 
Senate, the result of the House yote we 
not announced. 3 if 

The business of the House was tempo a 
rily suspended that some presentations of 
gifts might be made. 

PRESENTATION. , 

Mr. McLoud, of Buncombe, on the part 
of the House, presented Speaker Rose a 
elegant silver service. In the course of his 
remarks he warmly complimented ne 
Rose for his urbauity, judgment and abib 
ity aga parliamentarian. ut 

Speaker Rose said: I desire to return | 
you and through you to the members 
this House my heartfelt thanks for 
beautiful testimonial of appreciation a 

kindness. If there be anything as de 
the human heart as the consciousness 
duty well performed, it is the fact thai 
duty has been performed at least to t 
isfaction of those interested. ; 
been associated hcre together for 





yi Please, antl I hope 
?p ay uring that time I have 
ved nothing but the utmost kindness 
consideration at the harids of the 
bers of this House. At times my du- 
have been arduous, and though fallin 
short of meeting my responsibilities, 
ve endeavored to discharge them with 
ress and impartiality, and now when 
our is fast approaching when we shall 
eave cach other for our respective spheres 
life, [can carry with me nothing but a 
sant remembrance of those courtesies 
ys shown. I, sir, should be less than 
‘man; I should not be governed by those 
I neiples that ordinarily govern human 
ings, did I not from my heart of hearts 
preciate those honors, that kindness a'.d 
ideration always bestowed upon me, 
nd now you add another obligation to 
se I am already under. I accept this 
beautiful present, sir, feeling that the spirit 
that prompts its giving finds an echo in my 
wn heart. Accept my thanks for the 
asing manner in which you have seen fit 
present this gift, and. be assured. that 
en the years w th me pass by and one by 
one enroll themselves in the cycles of the 
pa ist, this night with its associations and its 
sul oundings, with its memories, will be 
ever present in my mind, 


Mi. Frayser said: It has been made my 
jleasant duty to say to you, *r. Bower, on 
eve of our separation, never perhaps to 
et again, that your words of wisdom and 
wer‘ spoken in this hall within the last 
o months, have won the confidence, ad- 
ration and respect not only of the mem- 
8 of your own party, but even of those 
0 differ entirely with you politically, and 
t they have conferred upon me the 
hor of presenting you with a cane, as a 
t testimonial of their high appreciation 
our noble, manly and self-sacrificing 
uct, as evidenced here on more occa- 
ns than one, and in moments and under 
mstances, too, which none but the 
e, the patriotic ‘and true could confront. 
yar speeches have demonstrated your un- 
g devotion to the true principles of the 
rnment ; that you have made the ‘‘De- 
ation of Independence” the ten com- 
i ndments of your political faith; you 
have held that up as the gospel of the po- 
itical regeneration of the world—the pa- 
hal testament of the founders and 
rs Of our nation. While you follow 
ocument as your guide-star the num- 
oi your friends must increase, Your 
re of usefulness and importance will 
ntil you will be called upon to fill 
ily places of State, but those of na- 
tinction; and it may be, though 
happen. to but few, sir, that the 
onor the nation can bestow it will 

And how, sir, 



































































































not as a partisan, I present you with t 
cane, trusting that no wrathful, vindictive 
or inexorable impulse will ever compel yo 
to tarnish it, but that you will use and we 

it aS an ornament in your youth and man va 
hood, and as your prop and support in ol ; 


cane Bower said: I desire to say to you, 
Mr. Orator, and those for whom you speak, 
that. although within the last hour I had 
some intimation of what has just occurred, ae 
your action is still a matter of surprise. In 
view of the short notice I received ¥ am 
unable to express my thanks in the manner 
that I would like. I have no set phrase or 
adequate words with which to respond. 
My gratitude, however, is none the less un- — 
bounded, and I can assure you, sir, that — 
though my tongue may be mute, my heart 
on this occasion is much more than elo- 
quent. I accept this present as a tribute to — 
that consideration which I have ever felt 
for those who differ with me politically. I 
have attempted so to act, in my legislative | 
capacity as to merit the respect of the — 
members of both political parties. I have 
been compelled in some instances to antag- 
onize measures which were supported by : a 
majority of those of my own party in this 
hall. I have done so from a sense of duty, — 
both to my party and my country. If 1 
have been instrumental by voice or vote in 
strengthening the cause of free representa- 
tion and popular rights, Iam amply repaid — 
for my exertions upon this floor. Your 
action and mine upon this occasion, | trust — 
will not be misconstrtied. This act has no 
political significance, no concession of 
principle on my part is asked or expected. 
I accept your testimonial in the spirit with 
which it is presented. It is intended as a 
physical aid and support, as such I shall 
utilize and appreciate it. But I assure you, 
sir, that far above the intrinsic value of 
this staff, I esteem that kind personal re- 
gard and consideration which dictated its 
presentation. And now, sir, please accept 
my heartfelt thanks for this beautiful, 
though unexpected evidence of your kind- 
ness and generosity. 

The business of 
sumed, 


Act to amend chapter 23, Battle’s Revisal, 
passed third reading. 

Act to amend chapter 337, laws of 1881. 
passed third reading. 

Act to amend chapter 50, laws of 1839. 

This relates to the State Geologist, and 
gives the new board control of the fund. 

The discussion of this bill created the 
wildest disorder. 

Several members refused to vote, whieh 
gave great trouble to the Speaker. 

As to one member particularly, af- 
ter many solicitations on the part of his 
friends without success, a resolution of cen- 
pie was apeut to beintroduced. This had 









































the House was re- 





266 


the desired effect, and the gentleman, after 
2 personal explanation disclaiming any in- 
tention of disrespect tothe Speaker, or any 
member of the House, voted No. 

The bill failed to pass for want of a quo- 
rum. 

Adjourned. 

The Pension Bill. 

On the bill granting pensions to maimed 
Confederate soldiers, which came up Fri- 
day night, “r. Forbis, of the House, said: 
That as the discussion on this subject had 
progressed, his mind ran back to the 
stormy days of 1861, when, the dark and 
dismal folds of war swung across the thres- 
hold of every Southern home. Our feel- 
ings then would have induced us to have 
yoted them any amount to have shown 
them our appreciation of their patriotic 
sacrifice of leaving their homes and friends, 
and going into the fields of Virginia to face 
the fiery crest of war, where the sun of 
many of their noble young lives vent down 
in=blood, but the flight of time, which blots 
from the mind all the memories of the past, 
has filled our hearts and minds with in- 
difference, and we are prone to forget the 
debt we owe them, and our promises to 
them—that they should ever be taken care 
of. Now, we have an opportunity to show 
them and the wo:ld that we still remember 
them and their services, and hoped that the 
bill would pass, 1nd that every man in the 
House would vote forit. Said he for one 
would embrace the opportunity to show his 
appreciation by votimg for the bill. He 
said who could read the history of Ser- 
geant Jasper, who ascended the battle- 
mentsof Fort vi -ultrie, and hoisted the stars 
and stripes when they had been. shot down 
and had fallen outside of the parapet of the 
fort, and again planted them upon the wall 
without feeling a patriotic thrill swell his 
bosom to “think that he belonged to the 
same race of men, and lived in the same 
country. He said many of those that we 
now see hobbling around on crutches, with 
armless sleeves dangling by their sides were 
just as much to be admired as Jasper, or 


any hero whose gallant deeds adorn the- 


pages of history, and when we remember 
that they were thus disabled fighting for 
our homes and for the Southern cause, and 
then when we remember that the Federal 
soldiers are all, provided for by pensions 
from the general government, and when 
we remember that our Southern boys are 
excluded from the beneficence of the gen- 
eral government, and not only those who 
fought in the late war, but even the eld 
scarred and war-worn veterans of the »iex- 
ican war who followed Scott and Taylor, 
and planted the Stars and Stripes on the 
yery capitol of \exico, are excluded also 
‘under the present pension laws, if they 
happened to live in the South and sym- 


& 


Proceedings of the Goria dae 7 Nort! 


oS Ee 


panty eet 


































hel awe something tor ' W 
in our State? He said he should x 

vote for the bill, and hoped every n 
on the floor of the House wo 
wise. 


SENATE. 


FIFTY-SEVENTH DAY. 
. Fripay, March 9, 188 

The Senate was called to order at ts 
o'clock. 

Mr. Dortch’s bill to regulate the fee 
justices of the peace concerning the » 
bate of deeds passed third reading. i. 

Mr. Purnell, resolution to allow additi on 
al compensation to the clerk of the 5 t 
board of canvassers. }: 

Mr. Clarke. bill to change the name | of 
the Fayetteville Mill ». anufacturing oe 
pany. 

Bill to protect the farmers of the si 
Mr. Pemberton called it up. Passed third 
reading. Be 

Bill fo incorporate the town of Shiloh is 
Camden county, a third reading ; ayes 
29, nays none. Ay 

. il] to authorize ‘he town of Concor LO 
issue bonds, passed third reading; ayes 3 
nays one. ah 

Mr. Green, of Franklin, spoke in s 
port of the amendment of »r. Sutton, 
include negroes who worked on the foi 
fications, etc., and said that on the Ist of 
January, 1863, when the proclamation 0} 
Mr. Lincoln was flashed along the w 
throughout the States of this Union, ¢ 
claring the universal freedom of the colo 
race, it vas expected and feared that w 
spread insurrection would follow ; that ti 
torch in the hands of the incendiary eopl 
tothe homes that sheltered the wives 4 
daughters.of Southern soldiers far aw 
upon the field of battle, would light up t 
midnight sky—that the dagger inthe ha 
of the assassin would be stained with 
blood of helpless innocence. But no su 
result followed—no insurrection—no b 
or crime resulted from this cause. Pet 
order and quiet reigned as before, and th 
colored race remained true, faithful and de 
voted to the whites of the South. in 
membrance of this meritorious condue 
wish to express my sense of gratitude, 
cheerfully cast my vote for the amendm 

Mr. Poole moved to reconsider the y 
by which the bill to publish the Sup 
Court reports passed its third reading 
terday. He said he understood it woul 
cost the State about fifty thousand do 

Mr. Morehead asked where he got h 
formation. 

Mr. Poole said frem the chairman 0 
finance committee. 

Mr. Hill moved to lay Mr. Pos ie's 
on the table. a 


3. 


- 


ait ‘ 












































__ Mz. Poole asked the yeas and nays on 
the motion to table. Ordered—yeas 11, 
“nays 19; so the motion to table did not 
revail. 

‘The motion to reconsider prevailed. 
ie Morehead asked the reading of the 

? hI . 

_ M2. Poole moved to postpone the bill in- 
definitely. 

' Mr. Alexander said it was the first time 
_ he had heard the bill read, and’the cost he 
had made was derived from the data he 
_ had got from the House. With the amend- 
~ ments he now found to the bill it struck 
#him it would cost about eighteen thousand 
dollars to the State. 
' Mr. Watson said the bill did not affect 
him in the least, as on his shelves at home 
' were all the Supreme Court Reports. He 
reckoned he was about the youngest man 
_ on that floor. 
Several Senators—Vr. Purnell and 
_ Others—rose to a question of personal privi- 
me on this— vr. Morehead alsoscorrecting 
him. 
i Mr. Watson said t. at Father Time had 
_ brushed a croquet ground atop of wr. 
» Morehead’s head. [Laughter.] 
» Mr.3Morehead said it was the effect of 
_ early piety. 
Py Mr. Poole said he rose to personal privi- 
lege—touching the top of his head—the 
_ Senator from Forsyth was reflecting on the 
Senator from Vartin. (Laughter. ] 
Mr. Watson then seriously discussed the 
bill, saying: 
' “The young men in the State who were 
struggling along in the legal profession, 
and who are some day to be your judges, 
_ are deprived of the opportunity of learning 
wisdom from the opintons of Ruffin, Gas- 
ton, Henderson, Pearson and others of our 
great jurists, because the books that con- 
‘tain their opinions are out of print. The 
printing of the reports will not cost the 
“State a cent that will not be immediately 
“returned by the sale of the books. I have 
“no interest in the matter personally, for a 
full set of the reports are now upon the 
elves of my office. 

_ Mr. Loftin said we should not, like Ca- 
ligula, write our laws so high that the peo- 
ple could not getthem; so far as he was 
concerned he had all these reports at home, 
but the young men of this country could 
“not get them; and this bill would put them 
n their reach, and he hoped it would pass. 
Mr. Pinnix said it was the duty of North 
Carolina to publish her laws to the people, 
‘so that the doctors, the farmers and the me- 
chanics could read them. Why there was 
en times as much law and information for 
he people in these reports as in the acts of 
lis Gene.al Assembly; it was the State’s 
ty to publish them, even ifit did cost to 
so; butthis bill was so drawn that it 
ild not cost the State a cent. The State 


ie a ean a  Atits Regular Session, 1883. 








- 


would get three-fourths of the amount be- 
fore these books were published. 
Mr. Poole said he opposed this bill be— 


cause whenhe glanced around this cham- — 


ber and sav the seats empty, North Caro- 
lina was not represented, and he was op- 


posed to passing a bill that would take one 


solitary dollar out of the treasury right 
here on the last day of the session. : 

Mr. Hill supported the bill. @ 

Mr. Womack said this bill was introduced 
in the House the 2nd of February. Mr. 
Poole replied that it only came to this 
chamber last night. ‘ 

Mr. Strayhorn said if there was one thing 
the State of North Carolina was interested 
in it was having able lawyers to know the 
law. This bill was of great interest to the 
people, as it placed the tools in the lawyer’s 
hands. He said there were forty Senators 
here last night and thirty-six here now. 

Mr. Toon said he could see no necessity 
for the bill—was it reasonable to pass it— 
when the Senators here this morning did 
hot know it had passed, and a few of them 
did not know what the bill was. We had 
no right to be guided by anything unless 
reason guided us and we should be above 
prejudice. 

vir. Alexander said that examining the 
bill he thought it would cost the State about 
two thousand dollars a year to have the re- 
ports published. 


Mr. Poole held up a scrap of paper and — 


said that the chairman of the finance com- 
mittee said it would cost the State forty- 
six thousand eight h ndred and seventy— 
five dollars. 

Mr, Morehead asked on what the caleu- 
lation was based. ’ 

Mr. Poole said he did not know; he only 
gave the statement. 

vv. Alexander said it was based on the 
bill without the amendment. 

Bill on third reading. Ayes and noes or- 
dered. Ayes 27, noes 7. 

vr. Whitford said he was nothing but a 
farmer, but he wanted all the information 
given to the people and the lawyers, and he 
was surprised that two lawyers on this 
floor should vote against that bill. He him- 
self would vote aye. (Applause.) 

Fill concerning the toll gates of Cherokee 
county passed‘third reading. 

Resolution authorizing the directors of 
the Insane Asylum here to receive Thomas 
C. Lingell, of Union county. 


Mr. Payne explained that the unfortunate 
man gof to this city this morning, and un- 
der a recent act the asylum authorities had 
partitioned the Strte,and Union county was 
thrown in the western district, and the 
Morganton asylum wes so crowded it could 
not receive him. 

The resolution was adopted. 

Bill came up as unfinished business re- 


267 





4 


268 


lating to the State’s stock in the Atlantic 
and North Carolina Railroad. 

Mr. Clarke moved to refer it to the com- 
mittee on internal improvements. 

Mr. Richardson said to refer this bill was 
to kill it. He said the Governor recom- 
mended the giving away of this stock in his 
message. He hoped a bill of so much im- 
portance to the people of the east would 
ee Pe referyed. 

Watson hoped the bill would be 
iebled. 

Mr. Pinnix moved to table. 

The yeas and nays were asked on the 
motion. Refused. 

The motion to table prevailed by a rising 
vote—yeas 22, nays 5. 

Mr. Strayhorn moved to take up the 
motion to reconsider the bill supplemental 
to the bill to build the Governor’s mansion 
(a bill that passed the Senate some weeks 
since, and on its passage it was stopped on 
the calendar with a motion to reconsider.) 
Mr. Strayhorn desired to take up this 
motion in order to have the supplemental 
bill sent to the House and passed. 

Mr. Dortch said he was opposed to recon- 
sidering, as he did not wish the original 
bill set aside. 

The Senate refused to suspend the rules 
to take the motion from the table to recon- 
sider. There was arising vote of—yeas 18, 
nays 8-—, but the Chair held that under the 
rujes it required a majority of all the Sena- 
tors elected to suspend the rules; so the 
bill to build the Governor’s mansion is still 
the law. 

3111 to amend section 3, chapter 240. laws 
1874-75, passed its third reading. 

Bill to authorize the commissioners of 
Mecklenburg county to appoint cotton 
weighers for the city of Charlotte, passed 
its third reading. 

Bill to authorize the town of Warrenton 
to subscribe to the stock of the Warrenton 
Railroad, passed its third reading—yeas 30, 
nays none. 

Bill concerning the great seal of the 
State, two and one-half inches in diameter, 
Liberty and Plenty facing each other, Plenty 
sitting down with three ‘heads of wheat in 
one hand and the small end of a horn in the 

other, her hands extended towards Liberty, 
passed its third reading. 

Bill to amend section 14 ,chapter 135, laws 
1879, passed its third reading. 

House resolution, to pay Thomas M. Ar- 
rington and W. C. Blackner, clerks of the 

Code committee. Amendments concurred 
in and the resolution passed its third read- 


in 
Bin to change the name of the Fayette- 
ville Manufacturing Company, passed its 
‘third reading. 
Bill to fix the term of office of standard 
keeper; prescribes two years, passed its 
third reading. 


Proceedings of the General 





Resolution concernin a 
tions of the State—for a 


Adopted, 
jillin relation to pe 5 and : 
passed third reading. ‘ 
Bill to amend the pharmacy act, 
third reading. 
Bill to prevent fishing with nets in Hay-— 
wood county, passed third reading. 
Bill to extend the corporate limits on 
town of Windsor, in Bertie county, \p 
third reading. 

Bill to perfect machinery for coun 
votes for Senator in Warren and Va nee 
counties, passed third readin ; “ 

Bill for relief of soldiers i the late elvi 
war between the States. The chair aa 
the substitute adopted was not on the ¢ 
endar, and asked if any gentleman kn 
where it was. 

The Senator from Davidson offered the” 
original bill as it came from the House : aa 
the, Tega bg 

. Webb said he*hoped it would not 































fee : 

My. Morehead asked the yeas and nays. 
Ordered. 

Mr. Pinnix said he hoped all in favor of » 
giving the old soldiers this relief would 
vote yea. 

Mr. Scott, of New Hanover, said he could. 
afford to vote for this bill, though he fought — 
on the other side, and were it in his State 
north, he would expect his Senators to vote 
for such help to the Union soldiers, and h 
took pleasure in voting this relief to the — 
brave men of the South, and he called on 
Senators not to get behind the scenes, but 
to come up like men. and vote for this bill. | 
(Applause. ) 

Mr. Richardson said these brave men : 
never dodged in the war and Senators — 
should not be dodging now. The vote 
stood, yeas 21, nays 5, so the substitute 
passed third reading. (It was sometime — 
before a quorum could be had by send 
to the side rooms for Senators.) 

Mr. Watson said he would offer ps, 
amendment for the relief of the widows 
and orphans. 

wr. Poole said that amendment was to- 
kill the bil!, and not for the widows and or 
phans. A 

Mr. Watson’s amendment was the same — 
as yesterday. 

Mr. Whitford said the amendment w 
to killthe bill. Pass it just as itis without 
the amendment. ; i 

“y Watson said he had no intention 
killing the bill—it was an hour and a ha 
to the adjournment. He was in favor 
waiting two years longer till we could 
the statistics and know how. many therea 

Mr. Webb called the previous qu 

Mr. Watson asked the ayes and ie 
his amendment. Ordere 





bbs said he would like to vote for 
endment, but any amendment 
ed now would defeat the bill. He 


. Loftin said believing that the amend- 
t would kill the bill, and wishing it 
d, he would vote aye. 

- Mr. "Scott, of New Hanover, said believ- 
ing that the amendment would kill the bill 

he would vote no. 
_ Mr. Toon said believing that the amend- 
ent would kill the bill, Toanine that even 
a the House had ERiseeeth he would 


Es e amendment, but believed that it was 
offered to kill the bill. He voted no in 
pes of getting something for the maimed 
idiers who were struggling for a living. 
The vote stood: Ayes 18, noes 11, so the 
ll passed second reading, and then "passed. 
ird reading. 
Bill to amend the law prescribing the 
dutics of coroners passed its .third reading. 
Bill incorporating the Israeland Priscilla 
Berevolent Society, in Wilmington, passed 
third reading. 
Bill to prevent the putting of obstructions 
Swift creek, &c., in Johnston county, 
passed its.third reading. 
 hillin relation to certain justices’ dock- 
ets, in Orange and Durham counties, 
assed its fhird reading. 
Recess to 2 p. m. 
Ms Bill to incorporate the Aeheville Tobacco 
i “gia Company, passed its third read- 


fintee amendment to Senate bill to ex- 
nd the time to redeem land sold for taxes 
md bought by the State. Concurred in. 
Bill to empower the authorities of Jones 
work hands on Trent river, passed its 
ird reading. 
Resolution as to clerks of State canvass- 
rs, passed its third reading. 
Bill regulating the partition of real ‘es- 
e between tenants--in--common, fin- 
lefinitely postponed. 
AFTERNOON SESSION. 


At 2:20 the Senate re-assembled, Mr. 

forehead in the chair. 

Senate resolution came up from the 
calendar, resolving that the thanks of the 
‘Senate are hereby. tendered to the clerks 

md other officers and employees of this 
body, for their arduous labors and the uni- 

n courtesy and kindness with which 
have discharg2d their various duties 
ng the present session of this Legisla- 
~The resolution was adopted. 
solution of thanks to Lieutenant-Gov- 
Resolved, Th: was then taken up. 





presided over its deliberations dante) the 
present session. Adopted. : 
President Robinson ne Wiell thanks to the 
Senators for the warm and respectful manner 
in which they had treated him. He wishe 
them all a safe and pleasant return to their 
homes, and long life and prosperity. He 
then declared the Senate adjourned until il 
Monday morning at 11 o’clock. 


HOUSE OF REPRESENTATIVES. 
The House was called to order at ten 
o’clock, Speaker Rose in the Chair. 
The reading of the journal was dispensed — 
with. 


OALENDAR. ‘ 
Bill concerning the great seal of the i 


‘State, third reading. 


Bill in relation to the duties of State 
Chemist. 

Mr. Robins hoped this bill would be with. 
drawn. It would be injurious and wrong in 
many particulars ; would oppose it if. 
pressed to a passage. 

Mr. Myers at first thought it would inter 
fere with the duties of the State Chemist, 
and, of course, opposed it. But now he 
understood that the department of the 
State Chemist was well supplied with th 
apparatus necessary for this, and that other 
ecnnected with the department could make > 
such analyses, and hoped it would’pass. 

Mr. Brown moved to lay the matter on 
the table. Adopted. Sirs 

To fix a standard weight fora barrel o 
pork, third reading. 

Bill regulating fees of Superior Co 
clerks, in certain eases, third reading. f 
To allow the clerk of the superior court 
of New Hanover county to be absent from 
his office at certain ‘times, passed third 

reading. 

To repeal section 27, chapter 32, of Ba 
tle’s Revisal, passed third reading. s 
To furnish judges and solicitors of th 
State with copies of the laws of this?sessio1 

passed third reading. 

To require conditional sales of persons 
property where title is retained, to be regi 
tered, passed third reading. 

To allow certain land in New Hanove1 
county, sold for taxes, to be redeemed, pass- 
ed third reading. | 

The jointcommittee on the eleeiont of “4 
directors for the new agricultural depart- , 
ment, wade their report, announcing (ihe 
election of the following gentlemen : 

R. W. Wharton—tist District. 

A. G. Brooks—2nd District. 

J. A. Oates—3d District. 

W. F. Green—4th District. 

L. W. Anderson—oth District. 

J. Robinson—6th District. 

A. Leazar—7th District. 

B. Blanton—8th District. 

C. D. Smith—9th District- 





275) 


Bill to authorize fhe Governor to offer a 
reward for the apprehension of fugitives, 
passed third reading. ' 

To amend chapter 104 of Battle’s Revisal, 
passed“third reading. 

To amend section 2, chapter 10, private 
laws ot 1870-71, passed third reading. 

To fix the term of the standard keeper of 
the various counties. [Limits his term to 
two years.] Passed third reading. 

Resolution in favor of the clerks of the 
Code committee, passed third reading. 

To ask our Senators and Representatives 
in Congress to use their influence in hav- 
ing a canal cut from Alligator river through 
to the head of Broad creek, tabled. 

To prevent the destruction of fish in San- 
dy creek, Nash county, passed third read- 


ing. 

Ho amend laws of 1846, relating to Rich- 
mond academy, Richmond county, passed 
third reading. 

To ncorporate the independent order of 
Good Daughters and Sons of the East, 
passed third reading. 

To appoint commissioners to lay off a pub- 
licroad in Iredell and Rowan counties, 
passed third reading. 

To amend chapter 16, laws of 1870-71, 
passed third reading. 

To incorporate the Southern Bonanza 
Gold Mining Company, passed third read- 


ing. 

‘to give two extra terms of the Superior 
Court, of one week each, to the county of 
New Hanover, third reading. 

To amend chapter 173, laws 1881, third 
reading. 

Resolution concerning the charitable in- 
stitutions of the State. [To employ colored 
persons, at option of the directors, except 
as applicable tu the penitentiary guard], 
passed third reading. 

To protect fish in the counties of Union 
and Anson, third reading. 

To extend the corporate limits of Wind- 
sor, in Bertie county, third reading. 

To amend an act incorporating the vari- 
ous insane asylums of the State, third read- 
ing. 

or the relief of farmers in certain town- 
ships in Craven county. Tabled. 

To regulate the purchases of the Insane 
Asylums, Penitentia:y and the asylum for 
the Deaf and Dumb and the Blind. [Pro- 
hibits purchases from any one connected 
with their management. ] 

Mr. Wilcox said he could inform the 
House that Dr. Grissom, at whom this res- 
olution seemed tobe a thrust, was willing 
and anxious for the passage of such a bill. 
But, sir, 1 cannot allow such a resolution 
to passthis House, after the insinuations 
that have heretofore fallen from the lips of 
members, without entering my objection to 
its passage. I think, sir, that the long and 
eminent services of Dr. Grissom entitle 





Proceedings of the General Assembly of North Carolina,” 2, 


4 P mp 





































him to the highest respect of every me 
on this floor, and of every citizen of North — 
Carolina. I therefore as his friend denounce 
the object of the bill, and shall persistently 
oppose its passage. ‘ 1 
The bill was tabled. , 
Act concerning fishing with nets in cer— 
tain creeks in Haywood county, third — 
reading. “ 
Act prescribing the duties of thecoroners — 
in New Hanover and Brunswick counties, 
third reading. x 
Mr. Williamson, of Columbus, asked 
that his name be recorded as having voted — 
ouse ; 


¥ 


for Speaker and Chief Clerk of the 
he was not present in time to vote for these - 
officers, owing to an accident on the N. C. 
R. R. at Goldsboro on the morning of the — 
3d of January, 1883. 

The House here took a recess until 1:30 — 
o’clock, to allow the clerk time to complete © 
his journal. a 

Senate resolution to adjourn sine die on 
Monday at 12 m. was concurred in. 

The Housa reassembled at 2 p. m., and — 
the Senate amendment (to the pensions to — 
maimed soldiers) allowing $50 to each 
widow of a deceased soldier, whois stilla — 
widow, was taken up for eoncurrence. 

Mr. Tate said he thought the House de- 
sired to act intelligently, especially on a 
subject like this involving a large expendi- 
ture of the public money. The amount al- — 
ready given for this object will be about — 
$60,000. As we were about to adjourn the © 
Senate puts on an amendment that wil) kill 
the bill; had great sympathy for the unfor- — 
tunate widows of our soldiers; he would 
be afraid to give any estimate of. the addi- 
tional sum that would be required if this 
amendment were concurred in, and. there-— 
fore, hoped the House would not adopt it. — 
Let the responsibility be upon the Senate. — 
Referred. } 
mr. Stanford moved that the Senate be im- — 
mediately informed of the action of the — 
House. 

AFTERNOON SESSION. ’ 

Mr. Tate, a resolution that no bill or res- 
olution shall be considered by this House 
after adjournment to-day, but the business 
of Monday shall be confined to the ratifica- — 
tion of: acts and resolutions to and inelud- — 
ing final adjournment. Adopted. s 

Mr. Holton moved a vote of thanks to 
the Speaker for the able and impartial man-— 
ner with which he has presided over this 
body. 

A resolution of thanks to the clerks and 
officers was also introduced and adopted. 

Mr. Ray moved for the roll-call. Sus- 
tained, and sixty-four members answered 
to their names. ' 

Mr. Speaker Rose made a short address, — 
stating that, as was expected, there had 
been some little transgression of order, but 
that he had never seen a better behaved 


¢ 








































y of men in any assembly that he ever 
daseatin. He wished them a safe re- 
mm to their homes and a hearty welcome 
from their families. ( 
_ Adjourned to Monday at 11 o’clock. 


SENATE. 
FIFTY-EIGHTH DAY. 
_ The Senate was called to order by 
President Robinson. 
_ ‘The journal was read and approved. 
_ The committee on enrolled bills an- 
unced many bills, which were signed by 
the President. 
_ Senator Purnell, of Wake, introduced the 
following resolution : 
_ Resolution to provide for the payment of 
the funeral expenses of C. N. B. Evans, late 
enator from the twentieth district. 

__ Resolved by the Senate, the House of 
Representatives concurring : 

That the Auditor of the State, upon the 
exhibition to him of a duly certified state- 
ment of the burial expenses of the late C. 
_N. B. Evans, Senator from the twentieth 
‘district, be authorized and he is hereby 
‘directed to issue his warrant upon the 
_ Treasury for the payment of such expenses. 
nd upon the presentation to him of such 
warrant the Treasurer is hereby directed to 
pay tue same out of any funds not other- 
_ Wise appropriated. 
_ Mr. Boykin said: 
_ Mr. President, I cannot allow the session 
_to expire without expressing my sentiments 
with reference to the re-olutions introduced 
by the Senator from Wake concerning the 
_memory of C. N. B. Evans, late Senator 
tom the twentieth district. From my 
limited acquaintance with our deceased 
friend and fellow Senator, I formed this 
opinion of his character; that he was aman 
_ possessed of the courage of his convictions, 
and who loved labor for Jabor’s sake. 
Mr: President, the value of the services 
ofa good man is incalculable. They are 
'co-extensive with time, nay they are co- 
existent with the endless ages of eternity. 
' When I have said this, I have said what 
Mr. Evans and every other good man is 
titled to receive. After a long life of 
duous labors and many sorrows, and 
oubtless disappointments, he has passed 
over the river, and I trust in God’s tender 


der the shade of the trees. 

Mebane said : 

Mr. President: 1am aware that what I 
say will not add materially to the 
gistic sentiments already expressed in 
e resolutions presented by the Senator 
from Wake (Mr. Purnell), but as one of the 
three representatives of the colored race in 
hamber, I have thought it befitting to 
it a few remarks on the life and char- 

of the late Senator Evans. | 


“mercies, is calmly and peacefully resting | 


Mgt At th Regular Session, 1883. 





7 


271 


In the early part of the year 1880 I began — 


the publication of the Carolina Hnterprise, 
& newspaper devoted to the material inter- 


' est of the colored people. ve 
The Milton Chronicle, then edited by Mr. 


Evans, criticised, as I thought, too severely 


my race. I then thought itmy duty to write 
a defence, and did so, though in a spirit of 
mildness. At that time, Mr. 

only knew Mr. Evans in a journalistic sphere; 
but now I think I know him well. I first 
met Senator Evans but a little more than 
two months ago. Since that time I have 
been associated with him almost daily, 
without intermission, on the committees on 


‘ education and corporation, and I but do 





justice to his memory when I say that I 
learned to respect and to love him. ‘ 

Although we differed in politics, I can 
truthfully say that on the committees he 
knew no party save that of right, and itmay 
with equal truthfulness be said of him that 
one of his leading and governing traits 
was his love of justice. Senator Evans: 
has been for several years the victim of a 
severe malady, which caused an impedi- 
ment of speech, therefore he was 
no orator, but because of his 
speech being impaired, had no effect upon 
his judgment, and this was varified from 
the fact that the members of the commit- 
tees always sought the advice of ‘‘Father 
Evans.” 

In order to get the benefit of Mr. Evans’ 
judgment upon important matters effecting 
the State, the committee on corporations, 
especially, met often at his room. And I 
remember vividly, Mr. President, for if 
seems as though it was but yesterday; how 
frank, how attentive and how determined 
he was in all matters pertaining to the wel- 
fare of the people of this State. 

In conclusion, Mr. President, I will sim- 
ply add, that in the death of Senator C. N. 


B. Evans, the people of the 20th Senatorial 


district, loose an earnest and faithful repre- 
sentative, the journalistic fraternity a val- 
uable associate and the State cf North Car- 
olina a life-long friend. But he has gone, 
My. President! Inthe language of the poet, 
‘‘Around us each dissevered chain 
In sparkling ruin lies, 
And earthly hands can ne’er again 
Unite the broken tie.” 


President, I | 


Mr. President, I move that the Senate 


iake a recess until one minute to twelve 


o’clock, out of respect for the memory of 


the late Senator Evans. 

The resolution passed its several readings 
and the Senate took a recess until one min- 
ute to 12 o’clock, o.t of respect to the 
memory of Senator Evans. Upon the ex- 
piration of the recess the Senate met, and 
after remarks by President Robinson, in 
which he returned thanks to members and 
clerks, he declared the Senaie adjourned 


| “gine die.”’ 


Ww 


Ln ea a “pee Fy big Hil sw. 


oe 


272 


HOUSE OF REPRESENTATIVES. 

The House met at 11 o’clock. and was 
called to order by Speaker Rose. 

The journal was read and approved. 

The committee on enrolled bills announc- 
edmany bill, which were signed by the 
- Speaker. 

Thesolution to pay the burial expenses of 
Senator Evans, which came over from the 
Senate, was taken up and passed its several 
readings. 

Mr. Lenoir offered the following resolu-— 
tions: 

Resolved, ist. In the death of C. N. B. 
_ Evans of the Senate, this General Assem- 

bly has lost a member and the State a citi- 
zen of pure character and of life long de- 
voted to his State and country, one whose 
loss will be felt throughout the State. 
: 2nd. That a copy of these resolutions is 
wee! ordered to be furnished to the friends of 
the deceased as a mark of the sympathy of 
the House in their great affliction. 
woo Mik oe caid ; 
Mr. Speaker: I would be unjust to my- 
self, to my feelings and to my constituents, 
were [ not to add a tribute of respect to the 

memory of Hon. C. N. B. Evans, late a 

Senator from the 20th Senatorial ‘district. 

Mr. Evans was from the county I have the 

honor to represent on this floor. I first met 
~ the late Senator on the 26th of October, in 
the year 1880. On that day I had address- 
ed the people of Milton in advocacy of the 
election of the now lamented Garfield. The 
subject of our grief was standing near 
while I was speaking, and when I had 
done, he invited me into his office, kindly 
placed me on a seat near a warm fire, and 
handed me ‘‘ lhe Chronicle.” Though we 
differed in political opinion, his ways were 
so winning that I learned even then to love 
and respect the old man. I have been a 
reader of his paper from that day until now. 
Our relations have been pleasant. I met 
is i Senator Evans on the cars on the night of 
_ the 2d day of January, on his way, as 1 was, 
to the Legislature; after a cordial shake of 

_ my hand, hesaid ina trembling, but true 
voice, ‘‘Well, Poe, I am glad that you were 
elected, and I hope that you will have the 
interest of the people at heart.” 
_ Our relations with each other while here 
‘in this city were very pleasant; he would_ 
~ never meet me anywhere without shaking 
_ my hand, whether on the car, the street, in 
the Senate or in the hotel. 


_ Mr. Speaker, I remember very well the 
day that he turned his face from the Senate 
‘Chamber and from this capitol for the last 
time. That day he came in this House to 
look for me in order to bid me adieu. I was 

Ere) here in my seat. I went out and bid him 
farewell. Little did I think that it was the 
 Jast time that I should ever meet him. He 
a eg my friend, just and true; ie ee po- 


wt 
vy 






































































interred with his body. 

It was evident to me when i 
look at his trembling form that some fa’ 
malady was drying up the springs of his 
life, and no doubt that others, like sine 
thought that we would ere long be ¢ 
upon 1 to mourn his loss and to pay custom if 
ary tribute of respect tohis memory. 

In the year 1829 Mr. Evans commenced 
the study of the printers’ art at Yorkville, 
8. C., and in 1835 he commenced a journal- 
istic career which continued to brighten 
with every year of his useful life, until it 
has thrown a bright lustre over the art of it 
journalism in our r State, 

The Milton Chronicle found its way 
almost every household in the eurroundings 2 
country ; it was admired by every one who 
read it, on account of its plain but lofty 
style of literature, wit and humor. All of 

. those who read his paper or otherwise knew 
him, will mourn his loss. 

Mr. Evans was no debater, but I woulda 
not be saying too much of him to say that 
he had few equals as a journalist. Few 
men, Mr. Speaker, have been so fortunate 
in securing the veneration, love and respect — 
of the hearts of their countrymen as the 
late Senator, ‘father Evans.” It is the 
sacred province of patriotism to guard the 
ashes and to perpetuate the memory of her | 
beloved dead. Revolving years will never 
efface nor dim the illustrious examples of 
our buried heroes. Caswell eounty, in the 
death of Mr. Evans, loses one of her most 
distinguished lights, the mantle of journal- 
ism, one of its brightest peers, the State a 
great man, and the Senate one of its sh 
talented members. 

His was ‘‘a life account closed.” Few men 
will ever reach the round in the ladder 
journalistic fame upon which he stood. 
The Roman poet truly says: af 
‘Non passunt primi esse omnes in omni 

tempore, . 
Summum ad gradum cum claritatis vene Ee 
Consises aegre, et citius, quam eer” 
eades.” 

Mr. Speaker, I can nothing add to the 
illustrious examples of the “late Benavon, 
He is gone. 
“His‘soul, enlarged from its vile bounds, 

~has gone 4 
To that refulgent world, it shall swim 
In liquid light, and float on seas of bliss.” 

The resolution was then adopted by 
House, but owing to the hour of adjour 
ment haviug arrived it was not sent 
the Senate. 

After Mr. Rose’s remarks of thanks 

ing been read by the clerk, the Spea 
then declared the House adj ourned witl thout 


day. 





rath he 


Depa ‘ad aia, ne 

























ASSEMBLY 


ISK ETCH- -BOOK. 


SESSION 18838. 


SENATE. 


First District. 
JAMES MONROE WOODHOUSE, 


POPLAR BRANCH, CURRITUCK COUNTY, N. C., 


Was born in Currituck county on the 14th day of Decem- 
ber, 1835, and is forty-eight yearsold. He received a com- 
mon school education, studied no profession, and is a farmer 
by occupation. In 1867 he was appointed a justice of the 
peace for his county, and has held that position ever since. 
In 1861 he was commissioned Colonel of the militia of Cur- 
rituck county, and after the fall of Roanoke Island in 1862, 
was for some time in active service with his command. 
After the war, returned to his duties on the farm and was 
successful. In 1868, was elected county commissioner. Was 
elected by the Democratic party as a member of the House 
of Representatives in the years of 1870-’72, 1874 and again 
in 1878. Was never beaten, and having a deep seat in the 
affections of his people he can’t be beat. In 1859, the Col- 
onel was united in matrimony with Miss Sarah M. Gallop, 
of his own county, and has six children living. He is one 
of the most popular men in his county, and the man has 
yet to come who can carry a larger votethan he can. Asa 
representative of his people, he is ever watchful of their 
interests. Courteous, manly, dignified in his manners, and 
to his friends true, tried and confiding—to every one liberal 
to a fault—he is well known and liked by all who know 
him. He was a member in the House in 1879 and in the 
Senate in 1881, and his people still recognizing his worth 
returned him to the present Senate. His wife died March 





26th, 1881. He serves on committee of Finance and is 


chairman of committee on Salaries and Fees and joint com- 


- mittee on Fish Interest. 


W. W. SPEIGHT, 


SUNBURRY, GATES COUNTY, N. C., 


Son of John W. Speight, and was born in Gates county 
July 27, 1831. Educated at common schools. Married 
Miss Rebecca, daughter of Henry Hofler, June 28th, 1857, 
aud has seven children living and one dead. Was in the 
war about three years, Company ©, 52d N.C. Infantry, Hill’s 
Corps. Was captured at Farmville, April 6th, 1865. Was 
elected on the Repuplican ticket over the former Senator, 
W. H. Manning, by 198 votes. Committees: Propositions 
and Grievances and Public Printing. 





Second District. 


WILLIAM WEYMOUTH THOMAS CAHO. 
STONEWALL, PAMLICO COUNTY, N. €. 


Born in Prince George county, Maryland, July 31st, 1847. 
He represents the Second Senatorial District, composed of 
the counties of Beaufort, Dare, Hyde, Martin, Pamlico, Tyr- 
rell and Washington. Was elected by a majority of 527, 
leading his ticket, Democratic in politics, and twice elected 
to fill this position ; the first time, in 1876, then leading his 
ticket by several hundred votes; has been Chairman of the 
County Democratic Executive Committee for eight years, 
aud also member of the Congressional Executive Committee 
for several years; has held the office of Coroner in his 
county several times; was educated in a common school ; 
twice, married, first to Miss Fannie Augusta Hogan, of 
Thomasville, Davidson county, N. C., by whom he has one 
child—a daughter—now living, just eleven years old. 
Married the second time to Miss Appie f. Reddett, of Beau- 
fort county, N.C. Served in war of the States in company 
“C,” 68th Regiment, N. C. Troops. Obtained license to 
practice law in June, 1878. Chairman of the Senate branch 
of the Joint Select Committee on Redistricting the State, 
and served on the Judiciary Committee, the Committee on 
Privileges and Elections and_on Military Affairs. 

Mr. Caho is a gentleman of pleasant address, and good 
practical common sense, and the best of all, he knows how 
to properly use his fund of knowledge. He is editor and 
proprietor of the Pamlico Hnterprise, and a faithful Demo- 
crat, and did much in Eastern Carolina towards holding the 
party together, and is making an efficient and valuable 
member. 


a 


THEODORE W. POOLE, 


WILLIAMSTON. MARTIN COUNTY, N. C., 


Is one of the two Representatives of the second Senatorial 
District, (composed of the counties of Martin, Beaufort, 
Washington, Tyrrell, Pamlico, Hyde and Dare) was born on 
the 22nd day of November, 1844. His father was the Rev. 
William C. Poole, of the Methodist Protestant church. He 
was educated in the city of Baltimore. When the war be- 
tween the North and South commenced he was living in 
Elizabeth City, N. C., and on the 4th of May, 1861, volun- 
teered in Martin’s company which was placed in the 17th 
N. C. regiment, and ordered to Oregon Inlet. Remained a 
short time at Oregon Inlet, then was transfered to the 8th 
N. C. Regiment commanded by Col. Shaw of Currituck co., 
which was stationed at Roanoke Island. Was captured at 
' Roanoke Island by General Burnside, and placed on parole. 
After being exchanged he joined the Second N.C. Battalion 
(Col. Green’s) and was stationed at Drury Bluff near Rich- 
mond. In the latter part of 1862, was transfered to Com- 
pany C, First Maryland Calvary commanded by Col. Brown. 
The First Maryland Calvary was in Gen J. E. B. Stewart’s 
command, and operated with Lee and Jackson in Virginia. 
Was engaged in the battles of Winchester, Sharpsburg, 
Fredericksburg, Brandy Station, Manassa, Trevillian Sta- 
tion, Gettysburg and in fact all the general engagements in 
Virginia, Maryland and Pennsylvania between Lee’s army 
and the army of the Potomac. Was captured at Chambers- 
burg, Pa., when that place was destroyed by the Confed- 
erates, and taken to Camp Chase near Columbus, Ohio, and 
kept in the military prison, until a short time before the sur- 
render of Lee at Appomattox, was released on parole. 

In 1867, went West, and settled at Omaha, Nebraska, 
then crossed the plains and settled at Cheyenne—a new 
town then just started at the foot of the Rocky Mountains 
in Wyoming Territory—on the Union Pacific Railroad. 
Was one of the first settlers of Cheyenne. In 1868, was 
elected a member of the City Council of Cheyenne by the 


4 


Democratic party by a handsome majority. In 1869, was 
elected Senator in the Wyoming Legislature by the Dem- 
ocratic Party. Came back to North Carolina on Jan. 1st, 
1870, and married Susan E Staton, daughter of McGilvery 
M. ‘Staton on the Ist of February, 1870. After being mar- 
ried, traveled extensively through the Northern and Wes- 
tern states. Lived three years in Nebraska, Wyoming and 
Utah, during which time traveled extensively through the 
Rocky Mountains. In 1873, removed to Denver, Colorado, 
where he engaged in the Real Estate business. In 1876, re- 
turned to his old home in North Carolina, satisfied of the 
fact that there is no better place than the good “Old North 
State.” 

Has two children, both girls, one 9, and the other 11 
years old. He is in politics—a red hot democrat. Was 
elected to the present Senate over a Liberal by a majority of 
500 in a district that heretofore has been very close. On 
the committees of Internal Improvements, Finance, Claims, 
and Public Buildings and Grounds. ? 

He isnow a Druggist by occupation. He has made an 
active and energetic member, and his strong efforts in be- 
half of every worthy measure have been earnest and un- 
ceasing. 


Third District. 


GEORGE ALLEN MEBANE, 


WINDSOR, BERTIE COUNTY, N. C. 


He was ushered into existence on that national and pa- 
triotic day, July 4th, 1850, at Hermitage, in Bertie county. 
He is son of Allen Mebane. Was educated at the common 
schools of Pennsylvania. Was elected Senator in 1876, 
was census enumerator in 1880, and_ re-elected to the pres- 
ent Senate by a Republican majority of 1,200. Married 
Miss Jennie Mills Sanderlin, daughter of Robert Sanderlin, 
February 11th, 1877,and hasthree children. Served in the 
war as waiter in Company A, 85th New York Regiment of 
Volunteers. Serves on committees of Education and Cor- 


5 


porations. For the past two years he has been connected 
with the Carolina Enterprise, as one of its editors. 


Fourth District. 
J. J. GOODWIN, 


HALIFAX, N. C. 


Mr. Goodwin isan “out and out” Republican, and comes 
from an “out and out” Republican county, where his 
party has been in power ever since the war. Heis a very 
careful and attentive member, and while he watches closely 
the good of his party, he does not forget the general good of 
the State. But to Mr. Goodwin’s credit we will say that 
he isa man of independence, and has several times dur- 
ing this session “put his foot on” measures that other 
members less inclined to “tote fair” advocated in strong 
terms. 


Fifth District. 
ROBERT R. GRAY. 


TARBORO, EDGECOMBE COUNTY, N. C. 


Born on the Poke Island farm in Edgecombe county, 
May 28th, 1854. Son of Sandy and Bythia Battle. Re- 
ceived his education to some extent by attending night 
schools. Entered St. Augustine Normal School, at Raleigh, 
in 1872, but not having the funds to complete a thorough 
course left school in 1874. He taught school from 1873 to 
1877. Farmed in 1878, but failing to find this profitable 
resumed teaching. Clerked in mercantile business at Kill- 
quick in 1880. Married Katie Smith, daughter of Edmond 
Folks, Dee. 7th, 1881. Elected by 505 Republican majority, 
Serves on committees: Salaries and Claims. His present 
occupation is that of a farmer. 





Sixth District. 
JOHN KING. 


FALKLAND, PITT COUNTY, N. C. 


Born in the county of Pitt in the year 1830; son of John 
King, and was educated at a neighborhood school; married 
and has seven children living, five boys and two girls; was 


a Justice of the Peace before the war, hence was on the 
bench when the old County Court system was in vogue. 
Held the position of Overseer of the State Grange, 1881-’2, 
and at one time was Assessor of Tax in Kind. 

Politics—Whig before the war, Democrat since; was 
elected to the House of Representatives by a majority of 
311 votes. Was raised to the plow and clerking in a dry 
goods store; has steadily followed farming, and at intervals 
engaged in merchandise, and has succeeded well at both. 
Is member of the following committees: Banks and Currency, 
Deaf, Dumb and Blind Institute, Eugrossed Bills, and joint 
committee on Fish Interest. 


Seventh District. 
JAMES S. BATTLE. 
ROCKY MOUNT, NASH COUNTY, N. C. 


Born May 30th, 1846, at Tarboro. Edgecombe county, N. 
C.; son of William S. Battle; educated at the University of 
North Carolina, at Chapel Hill. Mr. Battle, though quite 
young, has held prominent prositions before. He isa Dem- 
ocrat, true blue. In 1876 he wasa delegate to the National 
Democratic Convention which convened at St. Louis, and 
in 1881, he represented the 7th Senatorial District, the same 
position which he occupies now with his colleague, Mr. 
Farmer. He married Miss-Johnnie Somerville, October 
28th, 1868, (daughter of J. B. Somerville,) and is the father 
of five children. He isa gentleman of fine abilities and 
one of the handsomest men in that body. He enlisted in 
company G, 3d North Carolina Cavalry. Was soon pro- 
moted and served on the staff of Gen. W. R. Cox, as Aid-de- 
Camp, and was paroled at Appomattox C. H., he having 
surrendered with’ General Lee. He is Chairman of com- 
mittee on Propositions and Grievances, second on the Fi- 
nance committee, and second on the committee on Public 
Buildings and Grounds. By occupation he is a merchant 
and Manufacturer. Mr.. Battle is a worthy gentleman and 
a good member. ) 


W. W. FARMER. 


WILSON, WILSON COUNTY, N. C. 


Son of John Farmer, and was born February 15th, 1846, 
in the county of Nash. Educated at Wilson, and married 


7 


Miss Bettie Hart on the 9th of November, 1872. This is 
his first Legislative experience. He was elected on the Demo- 
cratic ticket by a majority of 401 votes, makes an excellent 
record as an active worker, and is always found at his post. 
Good farmers generally make good legislators, and he is an 
acknowledged success as a farmer and as a legislator. 





Eighth District. 
WILLIAM E. CLARKE. 


NEWBERNE, CRAVEN COUNTY, N. C. 


Was born in Raleigh, March 7th, 1850. He is a son of 
Judge W. J. and Mrs. Mary Bayard Clarke. His mother is 
one of North Carolina’s best female writers. He was edu- 
cated at Davidson College. Was not old enough to enter 
service during the war, buat near the close he was connected 
with the Quartermaster’s Department. In the year 1866 he, 
with his father’s family, left Raleigh and moved to John- 
ston county, and after residing there two years took up his 
abode in Newberne. For three years he was a teacher in 
the New York Institute for the Deafand Dumb. This was 
very complimentary for a gentleman of his age to receive a 
position as teacher in such an institution. While connected 
with this institution he was also engaged in reading law. 
In 1873 he graduated at Columbia College, a noted and 
very high grade law school, after which he returned to New- 
berne, and has been practicing at that place and Goldsboro 
ever since. The Republican party, recognizing his ability, 
elected him to represent Craven county in the House of Rep- 
resentatives of the General Assembly for the session of 
1876-77, and feeling that the honor was worthily bestowed, 
reélected him to thesame position in 1879. He was elected 
to the Senate in 1880 and again to the same position in the 
present General Assembly. He serves on committees: In- 
ternal Improvements, Deaf and Dumb and the Blind, and 
Railroad Commission. 





; Ninth District. 
JOHN N. WHITFORD, 


NEWBERNE, N. C. 


Born May 4th, 1835, near Vanceboro, in Craven county. 
He attended South Lowell school, in Orange county, two 


8 


years. The greater part of his education, however, was re- 
ceived between the plow handles, and by studying at night 
and reciting to private teachers. He volunteered and en- 
tered the Confederate service the next day after Lincoln is- 
sued his proclamation for troops from North Carolina to 
protect the Union. He was in command of the battery 
which did the fighting at the battle of Newberne, March 
4th, 1862, at which time he was fully initiated into the ser- 
vice of war. From Newberne he went to Old Brunswick 
Point, and from there to Kinston, where he was put in 
charge of the secret service, and made Major over three 
companies. Then his battalion was increased to eight com- 
panies, and he promoted to Lieutenant-Colonel. This com- 
mand was on the frontier from the Trent to the Roanoke 
river, and was continually skirmishing with theenemy. He 
was wounded at Rainbow Bend, on the Roanoke river (one 
arm broke), but continued in charge, and stayed right with 
his men all the time, and never showed a disposition at any 
fight to take advantage of his position and get out of 
reach of the enemy, but was ever ready and willing to push 
forward. He was in fight at Kinston, Wise’s Fork, Bentons- 
ville and several others. He surrendered at Newberne two 
days after Johnson, and was perhaps the last com- 
mand in the State to lay down the arms which had been 
used so faithfully, and many times effectively, for the pro- 
tection of our glorious old commonwealth. 

He married Miss Mary E. Williamson, November 28th, 
1861, who died during the present session, February 6th, 
1883. Has six children, three of whom are dead. 

He serveson committees of Printing, Engrossed Bills, Joint 
Committee on Asylums, and is chairman of Joint Commit- 
tee on Appointment of Justices of the Peace. He is a 
faithful and strong Democrat, and makes a good member. 


Tenth District. 
WILLIAM T. DORTCH, 


GOLDSBORO, WAYNE COUNTY, N. C. 

Born in Nash county, August 28rd, 1824. Educated at 
Bingham school. At the age of 17 commenced the study 
of law with the late Hon. B. F. Moore. Obtained county 
court license at 19 years of age; Superior Court license at 
20. Elected County Attorney of Nash at 20 years of age, 


9 


and re-elected. Moved to Goldsboro in 1849. Elected 
County Attorney of Wayne. Elected to the Legislature 
from Wayne 1852, and continuously (except one session) 
until 1861. Elected Speaker of the House in 1860. Elected 
to the Confederate Senate in 1861, and served in that body 
during the war. Has held no office since the close of the 
war until 1879. He served in the Senate then, and again 
in 1881. Has devoted his attention since the close of the 
war to farming and the practice of law, doing probably the 
largest and most lucrative practice in the State. Tendered 
the office of Judge of the Superior Court by Governor Ellis 
in 1859, and declined. He is chairman of the Judiciary 
committee, and as such, had many arduous duties to per- 
form during the present session. 

When the Code Commission was established, in 1881, he 
was made one of the three members of that Commission, 
whose duty it was to revise and consolidate al] the laws of 
the State and so arrange them that they could be published 
in convenient shape. In this arduous work he spent much 
time, and the general approval which the Code has met at 
hands of this Legislature, shows that he and the other Com- 
missioners, Messrs. John Manning and John S. Henderson, 
did their work well. He very seldom makesa speech in 
the Senate, but when he does speak, he always receives the 
attention of all within the range of his voice, for his argu- 
ments are always pointed and conclusive, and the force of 
which are always shown when the vote is taken. He isa 
man of fine personal appearance, excellent education, and 
of superior legal ability. These, combined with his other 
good qualities of head and heart, have won for him the es- 
teem of all the members, and has given him quite an envi- 
able influence in the Senate Chamber. 


EDWARD J. HILL, 


KENANSVILLE, DUPLIN COUNTY, N. C. 


Born September 6th, 1857, near Faison, N. C. Son of 
Wm. E. Hill; educated at the University of North Carolina, 
at Chapel Hill; a Democrat, and was elected by a majority 
of nineteen hundred votes. Been an active and judicious 
member, ever watchful of the interests of his constituency. 
It seems to be the policy of the Democratic party to put for- 
ward young men, and in the selection of Mr. Hill they have 


10 


promoted a young man that promises to be an honor to 
Eastern Carolina, as well as his native county. He is the 
only graduate of the University under the recent organiza- 
tion that has held a seat inthis body. He serves on the fol- 
lowing committees: Code, Education, Magistrates, Library 
and Military. Mr. Hill is the youngest man in the Senate, 
and is a worthy and good Senator. 


Eleventh District. 
FREDERICK B. LOFTIN, 


KINSTON, LENOIR COUNTY, N. C., 


Born September 16th, 1855, in the town of Kinston, N.C.,. 
son of Elijah P. Loftin. Educated at Kinston, N.C. He is 
a Republican and was elected by a majority of 38 votes. 
Is a lawyer by profession—read Jaw under A. J. Loftin in 
the town of Kinston, and attended Judge Pearson’s law 
school, and at June term of Supreme Court, 1877, obtained 
his license to practice law and engaged in the practice of 
his profession to the date of his election to the Senate. 
Serves on the following committees: Claims, Insurance, 
Judiciary and joint committee on the Appointment of Jus- 
tices of the Peace. 


Twelfth District. 
HENRY EPHRAIM SCOTT, 


WILMINGTON, NEW HANOVER COUNTY, N. C. 


Born ineGeagua county, Ohio, October 24th, 1846. Was 
educated in Ripon, Wisconsin. During the war he served 
with Sheridan’s army in the Shenandoah Valley as Master 
of Transportation. Moved to North Carolina in August, 
1865, and located at Wilmington, where he still resides. He 
is quite a young man yet but owns a great deal of property 
in Wilmington, he being one of the largest tax payers in 
the city. He was appointed magistrate “under the provis- 
ional goverment soon after the war and _ has been one ever 
since. He bas had charge of the poor, sick and insane of 
New Hanover county for nine years. As an evidence of 
his popularity with his party, Republican, we will state that 
he was elected to the House of Representatives without op- 
position in 1879, was sent to the Senate in 1881, and re- 


1g 


turned again this term. He serves on several committees 
and takes considerable interest in the discussion and con- 
sideration of measures that come before the Senate. 


Thirteenth District. 
R. H. LYON, 
ELIZABETHTOWN, BLADEN COUNTY, WN. C. 
Mr. Lyon was born in Bladen county, and married Miss 
Sallie Lucas, of the same county. He has two children. 
He has been a Democrat up to the late election, at which 


time he rap asa Liberal and elected on that ticket. The 


——- -—_-  -— ~ 


greater part of his votes and his affiliation has been with 
the Republican party during this session. 





Fourteenth District. 
EDWIN T. BOYKIN. 
CLINTON, SAMPSON COUNTY, N. C. 

Born in Clinton, December 27th, 1854. Was educated at 
Trinity College, Randolph county, N. C. After taking a 
thorough course in law, he received license to practice in 
1876. Asa lawyer he has succeeded well, for he is a close 
student and a practical thinker and always studies his cases 
well, and then has the natural ability to argue his points 
in an effective manner. Notwitastanding the fact he isa 
young man, he has been Mayor of ,Clinton two terms and 
Chairman of the County Democratic Executive Committee 
three terms, and was a member of the House in 1881; and 
the people of Sampson, justly recognizing his worth, re- 
turned him to the Legislature as Senator by 526 majority. 
He married Miss Katie G. Bizzell, daughter of Dr. Henry 
A. and Celestial P. Bizzell, December 28th, 1876—his 22nd 
birth-day—and has two children, one three years old, the 
other one year old. He serves on Committees: Judiciary, 
Insane Asylum, Redistricting the State and Railroad Com- 
mission. He is a quiet but one of the best and most active 
and influential members of the Senate. 


Fifteenth District. 
NEILL A. McLEAN. 
LUMBERTON, ROBESON COUNTY, N. C. 


Son of Neill A. McLean, and was born near Red Springs, 
in Robeson county, November 9th, 1855. Educated at Bing- 


ef 
12 


ham’s School. Read Jaw under his father and at the Uni- 
versity of North Carolina under the late Hon. W. H. Battle, 
and obtained license to practice at June term, 1878. Mar- 
ried February 19th, 1880, Miss Lizzie Townsend, daughter 
of Richard Townsend ; has one child, a daughter. This is 
his first legislative experience, and has exhibited marked 
ability; can always be found in his place in the Senate; a 
vigilant member and a zealous Democrat. He was elected 
by about 400 majority. Serves on committees: Judiciary, 
Corporations, Propositions and Grievances, and Banks and 
Currency. 


THOMAS FENTRESS TOON. 


FAIR BLUFF, COLUMBUS COUNTY, N. C. 


Born June 10th, 1840, near Whiteville, Columbus county. 
Son of Anthony Fentress Toon. Educated at Wake Forest 
College. Held the office of County School Examiner, Mayor 
of the town of Fair Bluff, and represented his county’in 
the House of Commons prior to his election to the Senate. 
Married January 24th, 1866, Miss Carrie E. Smith, daughter 
of Alva Smith, of Fair Bluff. Father of five children, two 
boys and three girls. Served during the entire war; en- 
listed in Company K, Twentieth N.C. Regiment, Command 
Army Northern Virginia, Jackson’s Corps; was wounded 
at Cold Harbor, Chancellorsville, Spotsylvania C. H. and at 

‘Cold Harbor; held the following offices: Brevet-Brigadier 
General, Colonel, Captain, First Lieutenant. Is on the com- 
mittee on Insane Asylum, Insurance, and is ‘chairman of 
the Committee on Military Affairs. A true Democrat, always 
at his post, and faithful to the trust his constituents have 
confided to him. 





Sixteenth District. 
D. MORRISON. 


JOHNSVILLE, HARNEIT COUNTY, N. C. 


Was born June 8th, 1823, in Moore county. His educa- 
tion was limited to the common schools of the community. 
Married Miss Sarah C. Arnold. Had eight children—only 
three living. Had the misfortune of losing four children 
in one week during December, 1882, and then one more in 


18 


January of 1883. He wasin the war two and a half years, 
Company D, Third Regiment N.C.Cavalry. By occupation 
he is a turpentine operator and farmer. Was elected by a 
Democratic majority of 205 votes. 





Seventeenth District. 


' WILLIAM RICHARDSON. 


SELMA, JOHNSTON COUNTY, N. C. 


Was born in Johnston county July 5lst, 1842, and is son 
of Mr. Lunsford Richardson. Received his education at 
Chapel Hill. Married Miss Mary E. Atkinson, daughter of 
Elijah Atkinson, June 6th, 1866, and has seven children. 
He served in the war from February 2d, 1862, until the 
close. Was Lieutenant of Co. C, Sth N.C. Regiment, in 
Robert D. Johnson’s Brigade, Army Northern Virginia. 
He is a Democrat, and was elected by 123 majority. Com- 
mittees: Engrossed Bills, Penal Institutions, and Agricul- 
ture. Heisa farmer and has devoted much time and en- 
ergy in that direction with good results. He has never 
been an office seeker, but his ;:eople saw fit to send him to 
the Senate this time, and we see no reason why they should 
ever regret it. 





Eighteenth District. 
THOMAS R. PURNELLL. 


RALEIGH, N, C. 


Born August 10th, 1846, at Wilmington, N.C., son of 
Thomas R. Purnell, of Baltimore, Md. Educated at Hills- 
boro Military Academy and Trinity College. Married Nov. 
16th, 1870, Miss Adelia E. Zovely, daughter of Dr. A. T. 
Zovely, of Salem, N. C., and is the father of four children. 
Politically he is a Republican and filled several prominent 
offices prior to his election to the Senate this time, to wit: 
Captain Topographical Engineers, ©. S. A.; State Libra- 
rian; member House of Represntatives in 1876-’77, and 
during the war, 4t one time, he was Master’s Mate, in 
the C. S. Navy, and but recently he was U. S. Commissioner. 
Senator Purnell is on the following committees, viz: Code, 
Privileges and Elections, Deaf, Dumb and Blind Institution 
and Rules. 


14 


Nineteenth District. 
HAWKINS W. CARTER. 


WARRENTON, WARREN COUNTY, N. C. 


Was born in Warren county March 23d, 1842, of free pa- 
rents. Married Feb. 7th, 18—, to Miss Nannie Boyd of 
Warren county. Te is a farmer by occupation. In public 
life he first appeared as a member of the House of Repre- 
sentatives in 1874; was elected by 800 majority. Was elected 
to the House in 1879 by about 1,000 majority. During the 
war he served as as an attendant for Captain Jones in the 
46th Regiment. Elected to his present seat in the Senate 
by a large majority. Committees: Agriculture, and Deaf, 
Dumb and Blind. 





Twentieth District. 


ISAAC R. STRAYHORN. 


HILLSBORO, ORANGE COUNTY, N. C, 


Born at Hillsboro, August 7th, 1845, and is son of Wm, 
F. Strayhoru, who was member of the House in 1856-57. 
He was educated at Chapel Hill, and graduated with the 
class of 1868. Served in the war as Dril] Master in 1861, 
and as Sergeant of company H, 40th Regiment N. C. State 
Troops. He is a Republican in politics and is distinguished 
in lris section as being the only white man in Hillsboro who 
voted for Grant in 1868. Notwithstanding he is from a 
Democratic district, he was elected by 170 majority. Heis 
a very fairminded gentleman, and takes much interest in 
all legislation which comes up. Comunittee: Judiciary, Ed- 
ucation, Corporations, Internal Improvements, Penal Insti- 
tutions and Appointment of Justices of the Peace. In the 
event that the Railroad Commission Bill had become law— 
which was thoroughly canvassed this session—Mr. Stray- 
horn would, without doubt, have been the Republican mem- 
ber of that commission. 


C.N. B. EVANS. 


MILTON, N. C. 


He went to Yorkville, 8. C., in 1829, to learn the printing 
business. His first newspaper experience was in Virginia, 


ee 


15 


where he edited a paper for ©. P. Green—during which 
time he wrote one article at the instance of the proprietor 
which caused a street difficulty—and the accidental killing 
of a man who was trying to keep the peace, caused Mr. Ev- 
ans to have business outside of the State. His grandfather 
was a native of Wales and located in Virginia when he 
came to America, and was under Gen. Washington during 
the Revolutionary war, and took part in the battle of Guil- 
ford Court House. Mr. Evans’ father was captain of a cay- 
alry company in the war of 1812. Mr. Evans has in his 
veins on his father’s side the blood of the Bonapartes and on 
his mother’s side the blood of Mary Queen of Scotts, but of 
this he says he cares but little so that he continues to have 
sufficient blood of some kind to keep him going until he 
wants todie. For many years Mr. Evans has been con- 
ducting the Milton Chronicle, which paper has become a 
household word in all of that section, and he has long had 
charge of the noted fool killer, ‘Jesse Holmes.” He is 
known with al] newspaper men throughout the State as 
“PWather Evans.”. It was in cpposition to Mr. Evans’ wishes 
to come to the Senate, but his people demanded and he 
obeyed, and has made a good member. We could write a 
- book about him, but the many good things which could be 
said will have to remain unsung. 


Twenty-first District. 
BENJAMIN H. COZART. 


OXFORD, GRANVILLE COUNTY. 


Was born March 4th, 1839, in the county of Granville, 
son of Allen Cozart, was educated at Tar River Academy, 
married Rebecca I’. Rogers, daughter of Thomas J. Rogers, 
of Beaver Dam Creek, March 2d, 1864. Father of nine 
children, four of whom are dead. Senator Cozart held sev- 
eral offices of trust prior to his election to the General As- 
sembly, as follows, to wit: Clerk of Superior Court of Gran- 
ville, Mayor of the town of Oxford, Director of the Oxford 
and Henderson Railroad, and Treasurer of the Oxford Male 
and Female Acrdemy. In politics he is a Republican of 
the radical type. With two opponents in the field, he was 
elected to the Senate by a majority of 221 vctes. He be- 
longed to Com. E, 14th N.C. Negiment, attached to D. H. 
Hill’s command. 


16 


Twenty-Second District. 
THOMAS B. WOMACK, 


PITTSBORO, CHATHAM COUNTY, N. C., 


Born February 12th, 1855, at Pittsboro. After receiving 
an academic education he entered a store as clerk in 1870, 
After serving in this capacity for some time he concluded 
to study law, and in 1874 he fully determined to make this 
his profession. After two years study, under the great legal 
preceptor, Hon. John Manning, he was licensed by the 
Supreme Court, at its June term in 1876. He was elected 
Solicitor of Inferior Court in 1878, re-elected in 1880, and 
again in 1882. His continual re-election shows that he was 
very acceptable before his people and that he performed his 
duties faithfully. The good citizens of Chatham, recogniz- 
ing his ability and worthiness, placed in his hands a greater 
trust by electing him to the Senate, which caused him to 
resign the position of Solicitor on the 5th of October, 1882. 
He married Miss Susie Taylor, daughter of ex-Sheriff Tay- 
lor, November 30th, 1881. He occupies his present seat in 
the Senate by a Democratic majority vote of 459 over Dr. 
G, K. Foust, the Liberal champion of that county. Mr. 
Womack is a bright and energetic young man and has done 
much good this session, reflecting much credit upon a 
worthy sire, the Hon. John A. Womack, who was the Dem- 
ocratic candidate for Secretary of State in the dark days of 
1875. He serves on committees: Judiciary, Propositions 
and Grievances, and Redistricting the State, and is chair- 
man of the Committee on Joint Rules. 


Twenty-Third District. 
HUGH REID SCOTT, 


WENTWORTH, ROCKINGHAM COUNTY, N. C. 


He was born in Rockingham county, and is now 27 years 
old. Heisa son of William Scott and a nephew of Gov. 
D. S. Reid. Was educated at Wake Forest College and 
graduated there in 1875 in the degree of Master of Arts, 
receiving one of the two honors conferred upon his class. 
Went at once as a law student to Chief Justice Pearson, and 
received his license in the last class that Judge Pearson ex- 
amined, which was in June, 1877. Since then has been in 
the firm of Mebane & Scott, engaged in the practice of the 


17 


law at Wentworth. Has served as Solicitor of the Inferior 
Court. He was first elected to the Senate for the session of 
1881 and served the people of his district in a faithful man- 
ner—so much so that he was returned to the present session. 
Mr. Scott is a firm Democrat, a ready thinker, a practical 
reasoner and a good debater, and, being active and willing, 
does good service as a Senator. 





Twenty-Fourth District. 
J. T, MOREHEAD, 


GREENSBORO, GUILFORD COUNTY, N. C. 


Born in 1838, at Greensboro, N. C., son of J.T. Morehead. 
Educated at Rev. Dr. Alex. Wilson’s school and at the Uni- 
versity of North Carolina. Was a Colonel in the Confed- 
erate States Army, member of the House of Commons, 
1866-E7, Senator and President of the Senate 1872, and 
again elected to the Senate in 1874. Served in the late war 
from April, 1861, until the surrender, in the 27th, 45th and 
53d regiments. Was wounded at Gettysburg, Fisher’s Hill, 
and at Hare’s Hill on the 25th of March, 1865, and cap- 
tured. He is a Democrat and was elected by a majority of 
290 votes, is chairman of Senate branch of committee on 
the Code and on Penal Institutions. Mr. Morehead is a 
gentleman of marked ability, of most excellent judgment 
and of fine personal appearance. 





Twenty-Fifth District. 
JULIUS C. BLACK, 


CARTHAGE, MOORE COUNTY, N. C. 


Born August 18th, 1854, at Long’s Mills, Randolph county, 
N. C.,,son of Dr. Thomas Black. Graduated at Trinity Col- 
lege June, 1874; read law under Judge Pearson, and ob- 
tained license June term, 1877; since that time has been 
engaged in the practice of law in co-partnership with Jas. 
D. Mclver, Solicitor of 4th Judicial District, under the firm 
name of McIver & Black. He is a Democrat and was 
elected by 227 majority. On the following committees, viz: 
Judiciary, Privileges and Hlections, Salaries and Fees, Banks 
and Currency, and Enrolled Bills. Mr. Black does not make 
many speeches, but considers questions well before he votes.. 
He is a careful, safe and worthy Senator. 


2 


18 


Twenty-Sixth District. 
GEORGE ALEXANDER GRAHAM, 


WADESVILLE, N., C. 


Born in Montgomery county, April 1st, 1830. School ad- 
vantages limited. In his early boyhood he served an ap- 
prenticeship as house carpenter. Moved to Mississippi in 
the year 1857. Volunteered and joined the Confederate 
service as a private member in company G, Grenada Rifles, 
of Grenada, Miss. His company joined the 15th Mississippi 
regiment at Corinth, from thence was ordered to Knoxyille, 
East Tennessee. At this place he joined Gen. Zolliceffer’s 
brigade. Was in the meniorable Cumberland Gap Cam- 
paign. Was with General Zollicoffer when he fell at Mill 
Springs, Ky. After this battle he returned to Corinth. 
After the battle of Shiloh, was transferred to Gen. Brecken- 
ridge’s disvision. Was at the first bombardment of Vicks- 
burg. Was discharged from service on account of hemor- 
rhage of the lungs. He returned then to Montgomery 
county, the place of his nativity; but as soon as his health — 
would permit he again joined the service in North Carolina, 
and continued with the army until the surrender in 1865. 
He married Mary Jane Andrews, by whom he has six chil- 
dren. He was a candidate for the Legislature in 1865, but 
was defeated by a small majority. Was nominated by his 
party as a delegate to the Constitutional Convention of 
1868 and elected by 235 majority. Was elected to the Leg- 
islature of 1869-’70 by 400 majority, and elected to the 
Senate in 1879 by 317 majority. He has served in his 
county as justice of the peace for ten years. Gov. Holden 
appointed him in 1869 as one of the Trustees of the State 
University,and at the same time was appointed as the State’s 
proxy for the Western Railroad. His Republican friends 
desiring that he should serve them again sent him to the 
present Senate. . 





Twenty-Seventh District. 
JAMES F. PAYNE, 


MONROE, N. C. 


Born 28rd September, 1848, in Westmoreland county, 
Va. Parents, James Harvey and Fairinda Payne. Edu- 
cated at Washington College, Virginia; graduated in 1868. 
In 1869 studied law at Washington College under Hon. 





19 


John W. Brockenbrough ; completed the course in one year, — 
and obtained the degree of Bachelor of Law. In 1870 ob- 
tained his license to practice in the courts of Virginia, and 
for some time conducted the practice of his profession in the 
county of Rockbridge, Va. Moved to North Carolina in 
1873. On 12th November, 1874, married Miss Emily 
MacRae, only daughter and child of Alexander MacRae, of 
Argyle, Robeson county, N.C. In December, 1874, located 
permanently in the town of Monroe, Union county, N. U., 
and resumed the practice of his profession, having obtained 
his license from the Supreme Court of North Carolina in 
January, 1875. Was elected by a large vote in his district, 
without opposition. Is Chairman of Senate Committee on 
Insurance and Joint Senate Committee on Railroad Com- 
mission. Serves also on the following committees: Finance, 
Penal Institutions and the Code Commission. Mr. Payne 
stands well in his profession—the large practice which he 
has being an evidence of his ability and thorough knowl- 
edge in the legal profession. As a Senator he has been 
faithful and constant, ever ready and active in debates 
which arise from time to time. Notwithstanding the fact 
that this is his first legislative experience, he has thus far 
acquitted himself with credit to his constituency and State 
at large. 





Twenty-Eighth District. 
SAMUEL J. PEMBERTON, 


ALBEMARLE, STANLY COUNTY, N. C. 


He is a son of David S. Pemberton, and was born at Mt. 
Gilead, Montgomery county, July 12th, 1849. Was edu- 
cated at Edinboro Academy, in Montgomery county. Mar- 
ried Miss Pattie F. Hearne, daughter of Eben Hearne, Esq., 
of Stanly county, July 6th, 1871, and has two sweet little chil- 
dren, one daughter, little Carrie Ashe, and one son, Henry 
Forest. 

He was elected Solicitor of the Fifth Judicial District in 
August, 1874, as the nominee of the Democratic party, over 
A. R. McDonald, Republican ; and elected to his present 
seat over Dr. Solomon Furr, Liberal Democrat, by 1,190 
votes. Heserves on the Judiciary committee, and Deaf, 
Dumb and Blind committee, and is chairman of committee 
on Education, and chairman of Senate branch of committee 
on Enrolled Bills. Heis dark haired, black eyed, handsome 


20 


man, of the most genial temperament and winning man- 
ners. He possesses an inexhaustible fund of humor, is en- 
dowed with excellent judgment, and a brilliant intellect, 
and bids fair to be a man of considerable promirence some 
day. 


Twenty-Ninth District. 
SYD. B. ALEXANDER, 


CHARLOTTE, MECKLENBURG COUNTY, N. C. 


Was born at Rosedale, in Mecklenburg county, nine 
miles from Charlotte, December 8th, 1840. Graduated at 
the University of North Carolina with the class of June, 
1860. He entered the Confederate service as a private in 
Company B, Ist Regiment N. C. State Troops, on the 15th 
of April, 1861. His company was the well and favorably 
known “ Hornet’s Nest Riflemen.” Heserved with the 28th 
Regiment from September, 1861, to April, 1862. He was 
then elected Ist Lieutenant of Company K,42d Regiment, 
and in June was elected Captain of the same Company, and 
served in Virginia until December, 1864, when Hoke’s Di- 
vision was ordered to North Carolina. During the latter 
part of the war he served as Inspector General of Hoke’s 
Division. After the hostilities between the States ceased he 
settled down to farming, and to day is one of the most suc- 
cessful farmers in Mecklenburg county. In this occupation 
he takes much interest, and is one of the few model farm- 
ers of Western Carolina. In 1876 he was elected a mem- 
ber of the Executive Committee of the State Grange Pat- 
rons of Husbandry, and in 1877 was elected Master of the 
State Grange, and ex officio member of the State Board of 
Agriculture. He was married in June, 1872, to Miss Nich- 
olson, of Halifax county, N.C... 

He was elected to the Senate in 1879, without opposition, 
and as a token of the faithful. manner in which he served 
the people of Mecklenburg, he is here again as their Sena- 
tor. Heis one of the most substantial and trustworthy 
Democrats, and one of the best representatives of the farm- 
ing interest. Heis chairman of committee on Finance, 
and his experience and practical knowledge of financial 
matters makes him a valuable member in the consideration 
of all measures in which dollars and cents are counted. 


21 


Thirtieth District. 
JAMES GRAHAM RAMSAY, 


MT. VERNON, ROWAN COUNTY, N.C. 


Son of Dr. Ramsay, and was born in Iredell county, 
March Ist, 1823. Married Miss Sarah J. Foster, of Davie 
county, September 30th, 1846, and has six sons and one 
daughter living. He settled in Rowan county in 1843. He 
was State Senator four terms, from 1856 to 1863; was elected 
to the Second Confederate Congress in 1863. On Board of 
Internal Improvements during Governor Worth’s term; 
Republican Elector in 1872, and again in 1880. Elected to 
his present seat over his Democratic opponent by 123 votes. 
He held the office of President of the Board of Directors 
of the Insane Asylum in 1876; was Collector of Internal 
Revenue in the sixth district for one month in 1874, was 
President of the Rowan county’ Medical Society for two 
years since the war. He is by profession a practicing phy- 
siclan, having graduated at the Jeffersonian Medical Col- 
lege, of Pa., in 1848, and is the author of several literary, 
medical and other addresses, some of which have been pub- 
lished. 





Thirty-First District. 
MARSHALL H. PINNIX, 
LEXINGTON, DAVIDSON COUNTY, N. C. 
Born December 22d, 1835, son of Joseph Pinnix; edu- 


_. cated at Chapel Hill. Married December 22d, 1875, Miss 





H. C. Baxter, daughter of Dr. O. F. Baxter, of Norfolk, Va., 
is the father of three children, all boys—fine fellows. Held 
the following offices prior to his election to this Senate: 
Clerk in the General Assembly, Sub U. S. Marshal, member 
of House of Representatives during session of 1874-75 and 
1876-’77, is a Trustee of the University of North Carolina, 
and was Mayor of the town of Lexington. Served in the 
war in the Quartermaster’s Department. Isan unflinching 
Democrat and a man of undoubted ability, affable, pleasant 
manners, and of striking personal appearance; is serving 
on the following committees: Judiciary, Congressional Dis- 
tricts, Judicial Districts, and Chairman of committee Deaf, 
Dumb and Blind Institution ; was excused from serving on 
Code, committee of Internal Improvements and Railroad 
Commission. ; 


22 


Thirty-Second District. 
C. B. WATSON, 


WINSTON, FORSYTH COUNTY, N. C. 


Born in Stokes county, January 14th, 1844, son of Mr. 
John Watson. Received no collegiate education. Married 
Miss A. E., daughter of Mr. W. P. Henley, November 14th, 
1869, and has four children. Served in the war between 
three and four years. Was Sergeant of company K, 45th 
Regiment N. C. State Troops, was wounded at Williams- 
port, Md., and Spottsylvania C. H. In politics heis a Bour- 
bon Democrat, and his district gave him a majority of 1306 
votes. He is on committees: Internal Improvements, the 
Code, Re-districting the State, Judiciary and several others. 
He isa fluent debater, a practical and hard working Sena- 
tor, and in every way represents his district with much 
credit to himself and conStituency. 


Thirty-third District. 
JOHN ADAMS HAMPTON, 


HAMPTONSVILLE, YADKIN COUNTY. 


Born at Hamptonville, Surry (now Yadkin) county, March 
8th, 1886, is a son of Dr. John Hampton, who was a prac- 
ticing physician of that place for over fifty-seven years. Was 
educated in the common schools of the country, and at 
Jonesville Academy in Yadkin county, under the manage- 
ment of Prof. W. L. VanEaton. Studied law in Yadkin- 
ville, N. C., under that learned and able lawyer, Hon. R. F. 
Armfield, was licensed by the Supreme Court in 1860 to 
practice his profession in all the courts of the State. Wasa 
member of Company B, First Regiment N. C. State Troops, 
commanded by the much lamented Colonel M.S. Stokes, 
and our distinguished U.S. Senator, Lieutenant Colonel M. 
W. Ransom. Said company was raised and organized in 
Wilkes county, N.C., May 31, 1861, and was’ called the 
“ Wilkes Valley Guards.” Was promoted and commissioned 
1st Lieutenant of the Company, and bravely bore his part 
in most of the hard fought battles of Lee’s Army of North- 
ern Virginia, remained in the service of the Confederate 
States until September 9th, 1864. When he was discharged 
by the army medical board for physical disability, was then 
appointed and commissioned by Goy. Vance Colonel of the 


eo 


23 


State troops of Wilkes county, N. C., and served in that ca- 
pacity until the close of the war. 

He was elected County Attorney for Yadkin county in 
the Spring of 1865 and served until the Fall of 1867, or 
until the County Courts were abolished. Was elected En- 
rolling and Engrossing Clerk by a joint vote of both houses 
of the Legislature at its session of 1865-66, and reélected to 
the same position at the session of 1866-67. 

He married December 2d, 1872, to Miss Cynthia Caroline 
Brown, daughter of Rev. W. G. Brown of Yadkin county, 
IN..C., by whom he has five children, all living. He has 
been a consistent, earnest and energetic Democrat since the 
war, laboring manfally to overcome the large Republican 
majority in his native county of Yadkin, which he did 
handsomely in the last election, carrying the county by 163 
majority, being the only Democratic candidate who did 
earry the county in said election. The Democratic Sena- 
torial Convention of the 33d District composed of the coun- 
ties of Surry and Yadkin, which assembled in Rockford, 
Surry county, on the 8th of October, 1882, unanimously nom- 
inated him for the State Senate. He made an able and 
vigorous canvass of his district, and was elected by 254 ma- 
jority over Lacy J. Norman, Republican and Liberal of 
Surry county. 

Asa member of the Senate, he is prompt and faithful, al- 
ways at his post of duty, rarely, if ever, failing to respond 
when a vote is called for, is bold, independent and fearless 
in his votes upon all questions of interest to bis constitu- 
en ts. He is appointed on the following committees: The 
Judiciary, Insane Asylum, Corporations, Claims, and joint 
committee on the Library. 





Thirty-fourth District. 
JAMES F, DOTSON, 


ELMWOOD, IREDELL COUNTY, N. C. 


Born on Buffalo creek in Cabarrus county. Son of Thos. 
J. Dotson. Edveated at Coddle creek and Concord Aca‘le- 
mies. Has been married twice; first to Miss M. I. Gay, of 
Iredell county in February, 1861, and the second tinie to 
Mrs. M. M. Eagle, of Newton county, Mo.,in 1874. His last 
wife is cousin to the celebrated Rev. Dr. Munsey, of the M. 
EK. Church South. He has six children. He has been serv- 


24 


ing the people of his community in some way or other ever 
since the war. Was Magistrate from 1868 to 1883, anda 
County Commissioner from 1878 to 1880. Was in the 
Jonfederate service during the late war nearly all the 
time; in Company Bb, Forty second Regiment, Kirkland’s 
Brigade, Hoke’s Division. He holds his present seat by 
543 Democratic majority. Is on committees: Privileges 
and Election, Insurance, and Agriculture. 





ROMULUS Z. LINNEY, 


TAYLORSVILLE, ALEXANDER COUNTY, N. C. 


Was born in Rutherford county, on the 26th day of De- 
cember, 1842. Educated at York’s Collegiate Institute and 
Taylorsville Baptist Institute. Mr. Linney was a State 
Senator in 1870-71, also in 1874-’75. In December, 1866, 
he married Miss Dorcas A. Stephenson, a daughter of Jas. 
¥’. Stephenson, Esq., of Alexander county. Served in the 
war between the States in company A, 7th regiment of N. 
C. State troops ; was wounded at Chencellorsville and dis- 
charged from service on account of permanent character of 
the wound. In politics Mr. Linney is a Democrat, and at 
the present session of the General Assembly he serves on 
the committee on the Code, Penal Institutions, Propositions 
and Grievances, and Finance. Mr. Linney isa lawyer by 
profession and is regarded as one of the best in the whole 
western part of the State. As a legislator, he has made his 
mark as a careful, conservative man, a good debater, and a 
sound logical reasoner. He isa bold, aggressive man when 
occasion requires, and it takes neither a prophet nor the 
son of a prophet to see that he is destined to rise to the 
highest places in the gift of the people. 





Thirty-Fifth District. 
EDWARD FRANCIS LOVILL, 
BOONE, WATAUGA COUNTY, N. C. 

Son of Wm. R. Lovill, and born in Surry county, Feb- 
ruary 10th, 1842. Was educated at East Bend, in Yadkin 
county. Married Miss Josephine L., daughter of Mr. R. E. 
Marion, February 15th, 1866, and has four children. Was 
in the war from May 4th, 1861, to April 9th, 1865. Was 
Captain of Company A, 28th Regiment N. C. State Troops, 


25 


Lane’s Brigade, Army of Northern Virginia. He was 
wounded three times—at the battle of Gettysburg, Reams’ 
Station and Jones’ Farm. He is a good and solid Democrat 
and was elected by 303 votes majority over his competitor. 
Serves on committees: Agriculture, Banks and Currency, 
and the Deaf, Dumb and the Blind Asylum. He watches 
close the interest of his mountain country and every other 
measure that comes before the Senate. 





Thirty-Sixth District. 
J. R. NEILL, 


BALD CREEK, YANCEY COUNTY, N. C. 


Born April 138th, 1823, in old Buncombe, son of George C. 
Neill, has a common school education, married twice and has 
four children, held several minor offices prior to his election 
to the Senate, to-wit: Clerk of Court of Equity and County 
Surveyor. Mr. Neill isa Democrat and was elected to the 
Senate by a large majority. He is an earnest and good 
man, a successful farmer, has devoted special attention to 
fruit grcwing, has a large nursery and quantities of excel- 
Jent fruit. Ison the committees of Agriculture, Claims, and 
Corporations. 


BARTLETT ALEXANDER BERRY, 


MORGANTON, N. C., 


Was born in Burke county February Ist, 1830. His edu- 
cational facilities were limited to the home country schools. 
Like many young men of the present day, he was not con- 
tent when he grew up to manhood until he took a trip West. 
At the age of 22 he lelt the “Old North State” for the gold 
regions of California, and on his way to and from the « great 
State of the West,” he touched at and remained for some 
time at Havana, Cuba, Panama, on the Isthmus of Darien, 
Aspinwall, New Orleans, and several other noted places. In 
the year 1856 he became convinced that the great places of 
the south and west, with all their attractions, could not 
furnish him a home with as much contentmeat as his native 
county, so he returned and engaged in agricultural pursuits. 
Farming has been his chief occupation ever since he per- 
manently located, though much of his time has been de- 
voted to the manufacture of flour and lumber. He now 


26 


has some good flouring and saw mills on his farm near 
Morganton. Soon after his return from the West he became 
firmly convinced that there was one thing needed to com- 
plete his happiness, so on the 2d day of June, 1857, he led 
to the hymenial alter Miss Mira A. Hennessee, of Burke 
county. He has been identified with tha county affairs of 
Burke for a number of years. In August, 1860, he was 
elected Sheriff of the county and served his people in that 
office for ten years. Been County Commissioner for some 
four or five years. Was elected to the House in 1879 and 
elected to the present Senate by 5380 majority. Committees: 
Propositions and Grievances, Salaries and Fees, and Asy- 
lums, and is chairman of the committee on Agriculture. 


Thirty-Seventh District. 


AMBROSE COSTNER, 


LINCOLNTON, LINCOLN COUNTY, N. C., 


Was born June 14th, 1825, near Dallas, Gaston county, N. 
C., son of Jacob Costner. Married March 18th, 1846, to 
Miss Catharine Quickel, daughter of Michael Quickel, and 
is the father of eight children, seven of whom are living. 
Senator Costner has had much experience as a legislator, 
having served four terms in the House of Representatives 
at sessions 1858-’59, 1862-63, 1863-’64, and represented his 
district in the Senate at the session 1874. He is modest 
and unassuming in his bearing, yet he is always fourd at 
his post and faithful in the discharge of his duties. He is 
a Democrat and was elected by about nine hundred ma- 
jority. He was educated at country schools at various points 
in his district. He held minor offices prior to his legisla- 
tive career, such as Justice of the Peace, and atone time 
he was Judge Advocate of a regimental court martial. He 
is by occupation a successful farmer and manufacturer. 





Thirty -Highth District. 
JAMES LANDRUM WEBB, 
SHELBY, CLEVELAND COUNTY, N. ©. 
Borr Nov. 12th, 1854, in Rutherford county, N.C. Son 


of Rev. G. M. Webb. Edacated at Wake Forest College. 
Was Mayor of the town of Shelby for 1880-’81. Married 





ee a 


—— i 


27 


February 14th, 1878, Miss K. L. Andrews, daughter of Dr. 
W. P. Andrews. Father of two children, a son and a 
daughter. A Democrat, and was elected by 670 majority. 
Is on Judiciary, Insurance, and is Chairman of Committee 
on Claims. Hestudied law at Judge Pearson’s Law School, 
was admitted to the bar, and is now the senior partner of 
the law firm of Gidney and Webb, of Shelby, and is rapidly 
rising in his profession. He is recognized as a courteous 
and christian gentleman, and while only 28 years of age, 
has already acquired the reputation of being a good speaker 
and a party leader. He was sub-elector in 1880, and ren- 
dered his party good service. 





Thirty-Ninth District. 
JOHN BAXTER EAVES, 


RUTHERFORDTON, RUTHERFORD COUNTY, N. C. 


Born June 3d, 1838. Hducated in Rutherford county 
under Mr. Frank I. Wilson. Wasa merchant until 1862, 
opposed secession and voted against the Convention of 1861. 
Entered the Confederate service in March, 1862, as Captain 
and served until the surrender. Was wounded March 16th, 
1865, at Averysboro, N.C. Was elected County Court Clerk 
of Rutherford in 1865 and served till 1868. Elected State 
Senator as a Republican from Rutherford, Polk and Cleve- 
land in April, 1868. Was Assistant United States Assessor 
for four years. Elected State Senator in August, 1878, by 
400 majority, reversing a majority of 400. Married Miss 


. Johnnie Logan, daughter of Hon. G. W. Logan, February 


20th, 1866. Has six children. His wife is a graduate of 
Salem Female College. Mr. E.is a nephew of Hon. John 
Baxter, of Knoxville, Tennessee, who is now a Judge of the 
United States Circuit Court; and is a nephew of ex-Goy, 
Elisha Baxter, of Arkansas. To show that the Rutherford- 
tonians have their faith closely pinned to him they returned 
him to the Senate for the session of 1881, and again for the 
present term. He is one of the best and most fair-minded 
Republicans in the Senate, and has many friends. 





Fortieth District. 
ISAAC NEWTON EBBS, 
LYNCH, MADISON COUNTY, N. ©. 


Born September 16th, 1850, in the county of Cocke, Ten- 
nessee. Son of Francis Marion Ebbs. His education was 


28 


limited to that average usually obtained in the common 
schools of this State. Married December 28th, 1879, the 
daughter of Adolphus Balding, and he is the father of two 
children. He has held the office of county commissioner 
of Madison and with that exception held no other until his 
election to the Senate. He is on the following committees, 
viz: Internal Improvements, Claims, and in several instances 
has served on various joint committees of conference. He 
is a Democrat of the old school. 


Forty-First District. 


W. W. JONES, 
HENDERSONVILLE, HENDERSON COUNTY, N. ©. 


Senator Jones is brother to Col. Armstead Jones, a law- 
yer of prominence in Raleigh, and at one time practiced 
Jaw here with his brother, the firm being Jones & Jones. 
He left Raleigh several years ago in search of a more health- 
ful climate, and like many other eastern people, acted sensi- 
ble in going to Western Carolina instead of some Wesiern 
State. Finding that in the transmontane country he could 
make a congenial home, enjoy good health and a lucrative 
practice as a lawyer, he at once located in Hendersonville, 
where the fresh and invigorating breezes come rushing 
down from the undulating ‘slopes of hundreds of hillsides, 
purified from the spray and mist of the many playful 


brooks and dancing rills that skip and bounce over the 


rough and rugged rocks that fill the gentle ravines of those 
majestic mountains. 

While living in Raleigh, his ability and his fealty to 
party and principles caused him to be chosen as the 
Chairman of the Democratic [Executive Committee of 
Wake county; and the people of his adopted home, soon 
recognizing the same commendable qualities, honored him 
by sending him as their representative in the State Senate, 


Forty-Second District. 
M. C. KING, 
MURPHY, CHEROKEE COUNTY, N. C., 


Was born Feb. 5th, 1844, in the county of Cherokee. 
His father was Johnson W. King. Educated at Murphy. 


29 


Married Miss Mary C. Baker, daughter of Jacob Baker, in 
1868. He isthe father of six children. He represented his 
county in the House of Representatives during the sessions 
of 1874~’75. Politically, he is a Democrat, and was elected 
by about nine huadred majority. He also has a war record. 
Entered the service at the age of 17, and served during the 
war as a member of Company A., 2nd Regiment N. C. Cav- 
alry. He is a member of the Committee on Education and 
Internal Improvements, and is Chairman of the Committee 
on Engrossed Bills. He has not made many speeches this 
session, but considers questions thoroughly, and always 
knows how to vote. 


House of Representatives. 


Alamance County. 


THOMAS M. HOLT, 


HAW RIVER, N. ©. 

Col. Thomas M. Holt is a gentleman of State reputation, 
and one who everybody knows to be earnestly and zealously 
devoted to every measure which would tend to the good of 
the old North State, and has labored unceasingly this entire 
session as well as many other sessions in the same capacity 
for the good of his constituemts, aud for every section of this 
commonwealth. His labors have always been for the best 
interests of North Carolina, and the citizens of the State 
should always feel proud of him as one of her most ardent 
supporters.of all measures tending to the development of 
our resources. 





Alexander Couniy. 


ROBERT P. MATHESON, 


TAYLORSVILLB, N. C. 


Born September 25th, 1832, in Iredell county, N. C., son 
of William Matheson; educated in the common schools of 
his county; was clerk of the County Court from 1860 to 
1868, and was a member of the General Assembly during 
the session of 186869. Married Miss M. ©. ©. Carson, 
daughter of Rev. Alfred Carson, in September, 1859; father 
of seven children; was a Whig before the war and a Dem- 
ocrat ever since ; he was elected by a majority of 115 votes, 
Serves on the following committees: Propositions and 
Grievances, Counties, Cities, Towns, &c., and on the com- 
mittee of Emigration. Mr, M.is a worthy gentleman and 
represents his district in a worthy manner. 





Alleghany County. 
Elder ISAAC W. LANDRETH, 
ELK CREEK, N. C. 


Elder Isaac W. Landreth, son of Dr. Stephen Landreth, 
was born on Elk Creek, in Alleghany county, on the 6th 


i 
4 
, 





ol 


day of February, 1858, and received his education at the 
common country school. Held the offices of Captain of 
Piney Cree Company, Major of the 96th Regiment of 
Militia, and as a justice of the peace; served in the war four 
years, was captured at Gettysburg, Penn, July 3rd, 1863; 
was a private in company A, 26th regiment, N. C. Volun- 
teers, commanded by Zebulon B. Vance until be was elected 
Governor of North Carolina. After the close of the war, 
on the 16th day of November, 1865, he was united in mar- 
riage to Miss Bettie M. Long, daughter of Emanuel Long, 
of Independence, Va. Hight children, five girls and three 

boys were born to them, all of whom, except one, a boy, are 
now living. Liberal Republican in politics, and was elected 
to the Legislature in 1882, by a majority of 94 votes, and 
as a member served on committees: Railroads, Post Roads, 
and Turnpikes. Professed religion ‘Augus st 27th, 1866, and 
joined the Baptist church at Mount Carmel ; was licensed to 
preach April, 1869, and ordained July 17th, 1870. Has 
been Clerk of the Mountain Union Association for ten 
years. Lives by farming; claims to be tied to no political 
party, but votes and advocates the liberties and rights of 
the laboring class, throwing party spirit aside and seeking 
to build up the good old North State, ‘the land of my nativ- 
ity—God bless her.” 





Anson County. 


W. A. LILES, 


WADESBORO, ANSON COUNTY, N. C. 


Born in 1833, in Anson county. Educated at Gould’s 
Fork Academy, in Anson county. Married twice; father 
of five children, a boy by his first wife and three boys and 
one girl by his second wife. During the war enlisted in 
1861 in Company C, Anson Guards, Fourteenth N. C. Regi- 
ment, as Lieutenant; was promoied to a captaincy. Served 
throughout the war and was wounded several times. 


Ashe County. 
Dr. J. O. WILCOX, 
STAGG’S CREEK, N. €. 
Dr. Wilcox has had right much experience in legislative 
bodies, and having learned the routine of all kinds of legis- 
lative work, knows how to present measures in the most fa- 


32 


vorable light. He is one of the leading and most promi- 
nent Republicans in the House, and looks well after the in- 
terest of his party. He is a practicing physician by pro- 
fession, and isa very popular gentleman in his section of- 
the State. 





Bertie County. 
T. R. SPELLER, 


WINDSOR, N. C. 


Born April 17th, 1853, in Bertie county. Went to school 
at St. Augustine Normal School, at Raleigh, four years. 
Been teaching school eight years. Single man. Republi- 
can in politics, and elected by 1000 majority. Serves on 
Committee on Corporations. 





Brunswick County. 


WILLIAM GRISSETT, 


WALDEN, N. C. 


Born in Brunswick county Oct. 29th, 1829. Has no col- 
legiate education—only in common schools of the county. 
Married Miss Mary Hickman. Has seven children living. 
During the war he held the office of First Lieutenant in 
militia. Republican in politics, and elected by 80 majority. 
Committees, Agriculture and Mining, and Claims. He isa 
farmer by occupation. Was County Commissioner for two 
years. 





Bladen County. 
JOHN NEWELL, 


CLARKESTON, N. C.. 


Born in Wayne county in 1839, was elected to. the 
House of Representatives in 1879, and again in 1881. Is 
a Republican, and is serving on the Committee on Emigra- 
tion. Never went to school a day in his life. What educa- 
tion he has attained was by applying himself during the 
spare moments from bis work. Was bound out when only 
seven months old. He has been County Commissioner four 
years and School Commissioner six years. This is his sec- 
ond term to the House of Representatives. Married Mary 
Mariah Pittman, February 16th, 1868, and has seven chil- 
dren—only three living. 


SSE eee 


33 


Beaufort County. 
E. S. SIMMONS, 


WASHINGTON, N. C. 


Young Simmons moved to Washington, N. C., in August, 
1878. He soon won the confidence and esteem of all. He 
has always been a hard worker for the Democratic party in 
every campaign since he has been in Beaufort county. 

He was nominated for the Legislature at a time when it 
was thought almost impossible to carry the county for the 
Democratic party. It was said by his friends that he was 
leading a forlorn hope. He made a change in his county of 
500 votes, for Beaufort county had not been Democratic for 
years. It is true she has had sometimes a Democrat in the 
Legislature of late years, but it must be remembered that he 
was secured by the vote of Pamlico county; whereas, this 
year Pamlico voted independent of Beaufort, and young 
Simmons got 221 majority in Beaufort proper, which here- 
tofore has given a large Republican vote. 

He had for his opponent Jno. B. Respess, a man of fine 
gifts as a speaker, and who is sometimes called the Vance 
of the Republican party, and it was admitted by Respess’ 
friends that young Simmons was the only man with whom 
Respess ever canvassed who could handle him. 

Young Simmons is modest in his manners, never shoves 
himself in the way. ‘True as steel to his friends. A natural 
orator, though an unpretentious one, for he is never known 
in any body or assembly to have anything to say unless it 
is necessary. For his age, which is 27, there is no man in 
the Siate of North Carolina his superior as a speaker, de- 
bater, or a jury advocate. 





Buncombe County. 


CALVIN M. McLOUD, 
ASHEVILLE, N. C. 


Born in Franklin, Macon county, February 9th, 1840. 
Learned the tanner’s trade when quite young, and con- 
tinued to work at this business until he was twenty-one 
years old, and then enlisted in the Confederate army, Com- 
pany H, 16th North Carolina Regiment, as a private. Be- 
caine Captain in said company in 18638, and was in com- 
mand of the Regiment for six months as Captain. Twice 
wounded, and at one time was left for dead on the field of 


3 


34 


battle at Mechanicsville, June 20th, 1862. Located in Ashe- 
ville in September, 1865, and studied law under the Hon. 
J. L. Bailey, and received license in June, 1867. Formed a 
partnership with the late Hon. N. W. Woodfin in February, 
1869, and continued as his partner until his death, in May, 
1875. Was never in politics, but a born Democrat, and was 
nominated for the office he now holds by the people of his 
county during his absence on a Northern tour with his 
family, in September, 1882, and he received the unanimous 
support of the Democrats of the county. Serves on com- 
mittees: The Code, Judiciary, Public Printing, and chair- 
man of committee on Privileges and Elections. 

Mr. McLoud is one of the leading members of the House ; 
bas taken an active part in every measure brought up, and 
has rendered invaluable service as a member. 


B. G. GUDGER, 


LEICESTER, N. C. 


Born March 18th, 1847, in Buncombe county. Has a com- 
mon school education. Married Miss Bessie Chandler, of Bell 
Creek, Minnesota; one child. In the war about one year, 
in Co. C, 29th Regiment North Carolina State Troops. Was 
a prisoner in Camp Douglas, Chicago. Served on the fol- 
lowing committees: Engrossed Bills, Penal Institutions, 
and Railroads, Post Roads, &e. Is a Democrat, and was 
elected over Natt. Atkinson by 405 majority. 





Burke County. 
SAMUEL McDOWELL TATE, 


MORGANTON, N. C. 


Born in Morganton, N. C., September 6th, 1830. Edu- 
cated at private schools in North Carolina and Pennsylva- 
nia. Appointed Captain of Company D, 6th Regiment, 
Regular Troops, May 20th, 1861. Promoted Major at 
“Seven Pines,” May, 1862. Promoted Lieutenant-Colonel 
at Gettysburg July 2d, 1863; commanded 6th Regiment to 
the close of the war. Wounded at Sharpsburg September, 
1862, at Rappahamock Bridge November, 1868, at “‘ Cedar 
Creek ” October, 1864, and at Petersburg March 25th, 1865. 

Elected President of the Western North Carolina Rail- 
road June, 1865, and remained a director of the road for — 


35 


private stockholders till its sale. Was removed from its 
Presidency by Provisional Governor Holden in August, 
1865. Again elected President by Worth Board in August, 
1866, and again removed by Holden’s “ Reconstruction ” 
Board in 1868. After sale of road in 1875, was elected 
private stockholders’ commissioner to organize the system 
and work the convict force on the road, as authorized by 
act of March, 1875, of which, as a member of that Legisla- 
ture, he was the author. Wasa member of the House from 
Burke two terms previous to the present, and chairman of 
committee on Finance each term. After becoming mem- 
ber of the Legislature, resigned all connection with rail- 
roads, and sold his stock. Wasa Justice of the Peace for 
twenty-five years. Delegate to every Democratic National 
Convention from 1860 to this time, save and except the 
“Greely ” Convention. Serves on committees: Internal Im- 
provements, Railroad Commission, Rules, and is chairman 
of committee on Finance. 

Col. Tate is an old-fashioned Jeffersonian Democrat, and 
a truer son to the Old North State never entered the State 
Capitol. He is a very quiet man, and very seldom joins in 
the many discussions that arise, but when he does speak, 
he receives the attention of his fellow members, for all re- 
gard his opinions on any subject as being sound, logical, 
practical and worthy to be carefully considered. He is a 
very close and earnest worker, and his services on commit- 
tees and elsewhere are fully appreciated by all who know 
him. 





Cabarrus County. 


HARVEY C. McALLISTER, 
MOUNT PLEASANT, N. C. 

Born September 8th, 1835, in the county of Gaston, N. C. 
Son of George W. McAllister. Educated in the county at 
large by observation and experience. Held the office of County 
Commissioner and Justice of the Peace. Married in June, 
1862, Miss Fannie Cook, daughter of Matthew Cook, and is 
the father of eight children. Served in late war four years, 
Co. N, 8th N. C. Regiment, Clingman’s Brigade, Hoke’s 
Division, and was wounded at battle on Weldon railroad, 
near Petersburg, Va. Was Ist Lieutenant. A Democrat, 
elected by 554 majority. Oncommittees: Propositions and 
Grievances, Banks and Currency, Deaf, Dumb and Bling 
Asylums, Agriculture, Mechanicsand Mining, and Privileges 
and Elections. Occupation at home, mechanic and farmer. 


36 


Caldwell County. ; 
WILLIAM HORTON BOWER, 


LENOIR, N. C. 


Born June 6th, 1850, in Wilkes county, son of David E. 
Bower. Educated at Finley High School, Lenoir, Caldwell 
county, N.C. A Democrat and elected by 670 majority, 
and is serving on the following committees, viz: Judiciary, 
Internal Improvements, Privileges and Elections, and is 
chairman of committee on Public Library. Studied law 
in the office of Col. G. N. Folk, of Lenoir, and obtained a 
license to practice. Went to California in 1876, returned in 
the summer of 1880. He is six feet high, weighing 230 
pounds, and has had enough of politics, according to his 
own declaration, to do him the balance of his life. He 
makes a good member, and looks well into every measure 
that comes before the House. 





Camden County. 


JOHN K. ABBOTT, 


SOUTH MILLS, N. C. 


Born January 3rd, 1831,in Camden county, N.C. Son 
of Joseph Abbott. Educated at Randolph Macon College, 
Virginia. Was a Justice of the Peace under the Canby 
Government and a Representative in the Lower House of 
the Legislature in 1876-’77. Married December 20th, 1865, 
Miss E. Spence, daughter of Edward Spence. Father of 
six children, three boys and three girls. Served in the late 
war four years; belonged to Company A, Eighth Regiment 
N. C. Trosps, attached to Clingman’s Brigade, Hoke’s Divis- 
ion. Is serving on the following committees: Chairman 
House branch of committee on Joint Rules, Engrossed Bills 
and Penal Institutions. He is an earnest worker and a 
faithful representative. 





Carteret County. 
LEMUEL H. HARDY, 
NEWPORT, N. C 
Born March 17th, 1858, in the county of Greene, North 
Carolina. Son of L. M. Hardy. Has a commen school ed- 


ucation. Was a member of the school committee of his 
county. Married January 29th, 1573, Miss Bettie J. Harts- 


37 


field, daughter of P. T. Hartsfield. Is a Democrat and was 
elected by 77 majority. He isa vigilant and true Represent- 
ative. Is on the committee on Corporations, Deaf and 
Dumb and the Blind Asylum, State Debt, and on Fish and 
Fishing Interests. He is a successful farmer and a minister 
of the Primitive Baptist denomination. 





‘Caswell County. 
JAMES W. POE, 


ASHLAND, N. C. 


Born in 1854. Educated at Jefferson Academy and at 
the High School at Statesville. Married Miss Emma Brown 
November 18th, 1880. He is a Republican, and was a del- 
egate to the Republican State Convention, which was heid 
in Raleigh, June 14th, 1882. In 1881 was master of cere- 
monies of the third annual exposition of the Industrial As- 
sociation, held at Raleigh, and in 1882 was a marshal at the 
fourth annual exposition of the same Association, and is a 
teacher by occupation ; has been employed as a teacher in 
public schools. 





Catawba County. 


MILES 0. SHERRILL, 


NEWTON, N. C. 


Born July 26th, 1844, near Sherrill’s Ford, in Catawba 
eounty, and is son of Hiram Sherrill. 

He was educated at Catawba High School, was married 
May ist, 1867,to Miss Sallie R. Bost, daughter of Captain J. 
M. Bost, who was killed at Petersburg, Va, and has six 
children. 

My. Sherrill was a valiant member of company A, 12th 
Regiment N.C. State Troops in the late war; was wounded 
at the battle of Spottsylvania Court House,Va., in May, 1864, 
which necessitated the amputation of his right leg six inches 
above the knee. 

A Lieutenancy was tendered him in Captain Ray’s com- 
pany of Rangers, in 1861, but he refused to leave his old 
company, of which he was Orderly Sergeant. 

Mr. Sherrill isa Democrat; has filled the office of Supe- 
rior Court Clerk 14 years since the war, and was elected to 
his present seat in the House of Representatives by a ma- 
jority vote of 990. He has rendered efficient service on the 


38 


Finance, Educational and joint committee to Re-district the 
State, and as Chairman of Committee of Salaries and Fees. 
Mr. Sherrill has proven himself a good representative from 
a good ccunty. 


Chatham County. 
D. H. MARSH, 


GULF, N. C. 


Born February 15th, 1844, in Chatham county, N. C,, 
near Chapel Hill. Left school in 1861 to go to the war; 
joined company D, 3d Regiment N.C. Cavalry, and served 
nearly four years. 

Married Miss Fannie EK. Muse, daughter of H. L. Muse; 
blessed with two children, A merchant. Democrat in pol- 
itics and elected by four hundred majority, and one hun- 
dred more than any other candidate. On committees of In- 
ternal Improvements, Finance, Immigration, and Publie 
Printing. 


W. A. LAWRENCE, 
GOFF, N.C. 
Born July 6th, 1839, in Chatham county. Edneated at 


the private and public schools of his county. Married Miss 
KE. F. Mims, of Chatham county, July 6th, 1868. Has five 


children. Held the office of Lieutenant during the war. — 


In politics a Democrat, and was elected by 267 majority. 
Served on committees of Corporations, Banks and Currency 
and Deaf, Dumb and Blind Asylum, 





Cherokee County. 
ROBERT BRUCE, 


NOTLA, N. C. 


Born in Habbersham county, Georgia, September 15th, 
1826. Married Miss Catharine Cearley, of Wilkes county, 
N. C., by whom he has had nine children—five girls and 
four boys. Occupation, a farmer. Moved to North Caro- 
lina in 1872. Was elected to the Hopse of Representatives 
in 1879 by 40 majority. Elected to present seat by 99 ma- 
jority. On Agriculture, and Salaries and Fees. 


——————eEeEoo 


39 


Chowan County. 


E. H. SUTTON, 


EDENTON, N. C. 


Born December 2d, 1849, in Perquimans county, N. C. 
Son of Willis Sutton, and educated at Charlotte and Eden- 
ton. Worked in the Government Printing Office at Wash- 
ington, D. C., at one time. Is married and has one child. 
Republican; was elected by twenty-five majority, and is 
now serving on committee on Corporations. 





Clay County. 
JAMES S. ANDERSON, 


HAYESVILLE, N. C. 

Was born Jan’y 6th, 1835. Was Captain Company A, 29th 
Regiment N.C. Troops, during the war. Was a member of 
the House in 1870-71, 1872~73-’74, also 1879-’80. He 
married Miss J.S. Ketron, June 6th, 1866. He serves on 
committees: Railroads, Propositions and Grievances, and 
Public Buildings. 





Cleveland County. 
LEWIS EDWARD POWERS, 


SHELBY, N.C. 


Born March 24th, 1841, near Norfolk, Va. Son of Lewis 
Austin Powers. Educated at Yadkin College. Married 
Sarah Mary Ellitt, daughter of Rev. HE. D. Elliott, October 
23d, 1862. Father of six children, five living. Served in 
the late war four years, belonging to Company A, Twenty- 
first Regiment, N.C. Troops, attached to Jackson’s com- 
mand; was a Lieutenant for three years, and was wounded 
at Sharpsburg and at Liberty. Is a Democrat and was 
elected by 47 majority. Is on the committee on Insane 
Asylums, Engrossed Bills and Public Printing. 

Mr. Powers is a man of strong mind, a fluent speaker, and 
has done much for his party in Cleveland county. 





Columbus County. 
H. D. WILLIAMSON, 
CERRO GORDO, N. C. 


Born August Ist, 1842, in Columbus county. Educated 
at Warsaw. Married Miss Sarah E., daughter of William 


40 


Davis, of Smithville, N. C., by Rev. Arthur McKimmon, 
and has two children. In the war four years, in Company 
C., North Carolina Regulars, twelve months, then joined 
Company E, 36th Regiment, North Carolina Artillery, com- 
manded by Col. Wm. Lamb, of Norfolk, Virginia. Wounded 
at Fort Fisher. He enlisted as private and came out as 
First Lieutenant. A magistratesix years. ‘Town commis- 


sioner, merchant, and dealer in naval stores. Farmer by oc- — 


cupation, Serves on committees: Internal Improvement, 
Justices of the Peace, Counties, Towns, &ec., Salaries and 
Fees, and Redistricting the State. 





Craven County. 


W. H. JOHNSON, 
NEWBERN, N. C. 

Born September 17th, 1831, at Newbern, N.C. Educated 
in common schools of the county. Married Sarah Ann 
Dare in 1882. No children. Has been a Deputy Sheriff 
for ten years. Is a Republican, and was elected by eight 
hundred votes. Ison the committee of Deaf, Dumb and 
Blind Asylum. 





Cumberland County. 


ED. P. POWERS, 


FAYETTEVILLE, N. C. 


Born in Fayetteville September 4th, 1843. Educated at 
Donaldson Academy, Fayetteville, N. C. Married Miss 
Mary A. Brown January 7th, 1864, and has two children. 
In ‘politics a Liberal Republican since 1881. Was elected 
to the House by~ 101 majority. On the following 
committees, viz: Insane Asylum, Fish Interest, Military 
Affairs, and Cities, Towns and Townships. He is a butcher, 
and has held the following offices: City Marshal, School 
Committeeman, and Justice of the Peace, and served during 
the war in the First Regiment, North Carolina Volunteers. 





Currituck County. 
W. H. COWELL, 
SHAWS, N. C. 


Born December 5th, 1832, in Currituck county, son of J. 
T. Cowell. Attended common schools of community and 


41 


went one session to Wake Forest. Been married twice, first 
time to Miss Hlizabeth Morgan and second to Miss Mattie 
DeFord. Has three children. Isa physician by profession 
and graduated at the University of Pennsylvania. Was in 
the Legislature during the session of 1881, and returned to 
the present session, Serves on committees on Insane Asy- 
lum, Engrossed Bills, Re-districting the State, and as chair- 
man of committee on State Debt. 





Dare County. 
EPHRAIM H. RIGGS, 


BUXTON, N. C. 


Born January 9th, 1858, at Vandemere, Pamlico county, 
N. C., son of John R. Riggs. Educated at Beach Grove aud 
Newport. Has held the office of Justice of the Peace, County 
Commissioner, Wreck Commissioner, and County Superin- 
tendent of Dare. Married July 4th, 1878, Miss Terah L. 
Jennett, daughter of Wallace R. Jennett, and has two chil- 
dren. Heis a Democrat, an active member, and has de- 
voted special attention to the fishing interests and to pilots. 
On committee of Education, Propositions and Grievances, 
Immigration, Public Library, Enrolled Bills, and is chair- 
man of committee on Fish Interests. 





Davidson County. 


JAMES F. BEALL, 


LINWOOD, N. C. 


Born September Ist, 1837, at Belmont, Davidson county, 
N.C. Son of Dr. B. L. Beall. Educated at Bingham and 
Wilson schools and at the University of Virginia. Married 
Miss C. M. Harper, of Lenoir, Caldwell county, N. C., daugh- 
ter of James Harper, Esq., January 29th, 1869, and they 
have two children. He served in the late war four years, 
enlisted as a private in Co. A, 21st Regiment N. C. Troops, 
was promoted to the rank of Major and was in command of 
the Regiment at the close of the war. Was wounded at 
Winchester in the second battle of Manassas, and at Fred- 
ericksburg. He is a Democrat and is serving on the fol- 
lowing committees: Propositions and Grievances, Engrossed 
Bills, Enrolled Bills and Insane Asylums. Major Beall 
read medicine under his brother Dr. R. L. Beall of Lenoir, 


42 


aud completed his course at the Medical College of New 
York and has since engaged in the practice of his profession, 
and in connection with that is a farmer. This is his first 
legislutive experience. 


H. J. HARRIS, 


THOMASVILLE, N. C, 


Born March 8th, 1826, at Healing Springs, Davidson 
county, N. C., son of William H. Harris. Educated at Trin- 
ity College; was Justice of the Peace, Alderman and Treas- 
urer of the town of Thomasville. Married December 25th, 
1848, a daughter of C. M. Lines, of New Haven, Conn. 
Father of seven children, five living. In politics was a 
Whig prior to the war, and is now a conservative Democrat; 
was elected to the House by two hundred and sixty-two 
majority. On the committees of Finance, Penal Institutions, 
Deaf, Dumb and Blind Institution, Railroad Commission 
and Insurance. Served during the late war as Captain of 
company A, 10th Battalion, Heavy Artillery, in Maj. W. L. 
Young’s command, under General Whiting, at Wilming- 
ton, N.C. 





Davie County. 


PATRICK HENRY CAIN, 


SETTLE, IREDELL CoO., N. C. 


Born August 28th, 1814, in Rowan county, son of Daniel 
Cain. Educated in common school by Peter S. Ney; mar- 
ried a daughter of Tenison Cheshire of Davie county, Jan. 
5th, 1842. Mr. Cain is now a widower and has seven chil- 
dren living, five sons and two daughters. He was Justice 
of the Peace, a member of the Special Court, a County Com- 
missioner eight years and Chairman of the Board for six. 
He was elected to the House of Representatives as an inde- 
pendent Democrat over the regular Democratic nominee by 
286 majority. He serves on the committee on Insane Asy- 
lum and Counties, Cities, Towns, &c. He is a farmer and 
during the war served in the Home Guard for a while. 





Duplin County. 
J. D. STANFORD, 
KENANSVILLE, N. C. 
Born in 1888, at Kenansville, N. C., son of A. T. Stan- 
ford. Educated at Columbia College, Washington, D. C. 


43 


Has been a member of the General Assembly in one or the 
other branch since 1858, and has filled the office of Solicitor 
of his county. He married in 1859 Miss Alice A. Spicer, 
daughter of John F. Spicer. He also served as Supervisor 
of Census forthe 38d North Carolina District. Mr. Stanford 
is a gentleman of fine gbility and of most excellent judg- 
ment, a true and zealous Democrat, always at his post, an 
untiring and faithful representative. 





Durham County. 


R. ©. STRUDWICK, 
DURHAM, N. ¢. 
Mr. Strudwick, the Representative from Durham county, 


is a fine looking young man, a Democrat and works well 
for a new member in legislative harness. 





Edgecombe County. 


A. R. BRIDGERS, 


TARBORO, N. C. 


Born October Ist, 1854, in Edgecombe county. Educated 
at St. Augustine Normal School. Occupation, schvol teacher. 
Filled the office of Magistrate; was a delegate to the Repub- 
lican State Convention in 1882. Is a Republican and was 
elected by 1,287 majority ; is serving on the committee on 
Internal Improvements. He is reading law under Fred. 
Nash, Esq., and proposes to adopt that profession. 


WILLIAM BELCHER, 
TARBORO, N. C. 

Born July 31st, 1854,in Edgecombe county. Educated 
in the free schools in the county. Married Tempy Telfair, 
January 3d, 1879, has one child. His occupation is farm- 
ing; in politics, Republican, and was elected by 761 major- 
ity; is on the committes on Cities, Towns, Townships, &e. 








Forsyth County. 
GEO. W. WILSON, 
KERNERSVILLE, N. C. 


Born Jan. 10th, 1810, in Stokes county. Married Miss 
Julia Hastings, of Forsyth county. Has nine children. 


44 


Been Magistrate 35 years. Lived in Henry county, Va., 
ten years, at which time he was captain of a militia regi- 
ment. He is a Democrat, and has never been anything 
else. Serves on committees, Agriculture, Corporations and 
Deaf, Dumb and Blind. Occupation, a farmer. 

Mr. Wilson is one of the fathers. in the General Assem- 
bly, being the oldest man in the body. 


Franklin County. 
B. F. BULLOCK, Jr., 


FRANKLINTON, N. C. 


Born Oct. 8th, 1841, in Granville county. Attended ~ 
school at the academies in Granville. Married Miss Hen- 
rietta E. Flemming, May 10th, 1864. Has three children. 
Been Commissioner and Mayor of Franklinton, and for 
five years was U.S. Commissioner. Studied law under the 
late Judge Battle at the University, and got license to prac- 
tice in January, 1869. Republican in politics. Serves on 
Judiciary, Insane Asylum, Enrolled Bills, and Education. 





WILLIAM FARNIFOLD GREEN, 


FRANKLINTON, N. C. 


Born September 28, 1828, in Franklin county. Son of 
Wm. O. Green. Attended school at Wake Forest College in 
1847 and 1848, from here he went to Jefferson College, Can- 
onsburg, Pa., where he graduated in June, 1850. Read law 
under Judges Nash and Bailey at Hillsboro and received 
county court license at the fall term of Supreme Court, and 
one year later received license to practice in Superior Courts 
of the State. Located in Louisburg and continued the prac- 
tice of his profession until hostilities broke out between the 
States. He organized the Franklin Rifles and was elected 
captain of the company. Soon after going into service, he 
was promoted to Major in the 5th Regiment of North Caro- 
lina Troops, which Regiment beeame the 15th, after the 
reorganization of the State Troops, and he continued to 
serve in that capacity during the term for which the Regi- 
ment volunteered. Was afterwards Colonel of the State 
troops until close of the war. He was a member of the 
House of Representatives from 1856 to 1862. Was Solicitor 
for Franklin county for four years. Married Miss Lou. F., 


45 


daughter of Col. David Williams, of Edgecombe county, 
June 25th, 1867. Has one child—a daughter. Was elected 
a member of the Constitutional Convention of 1875. Was 
elector on the Presidential ticket for Metropolitan Congres- 
sional District 1880. Serves on comunittees, viz.: Judiciary, 
the Code, and chairman of committee on Education. Since 
the war he has resided on his farm four miles from Frank- 
linton and devoted the most of his time to agricultural pur- 
suits. He is a firm and zealous member. 


Gaston County. 
JAMES W. REID, 


LOWELL, N. C. 


Born June 25th, 1816, at Lincoln, (now Gaston county). 
The son of William Reid, and educated at the common 
schools, and Hunter’s Academy, and has been County Com- 
missioner. F 

Was married to Miss Mary D. Ratchford, daughter of John 
and Isabella Ratchford, January 12th, 1847. Nine children 
have blessed this union, but only four are remaining to cheer 
their declining years. He served in the late war eight 
months,in Company H.,4th Regiment Senior Reserves, un- 
der Col. John F. Hoke. Was Ist Lieutenant and Captain. A 
Democrat in politics, and elected by 170 majority. Com- 
mitteeman on Deaf, Dumb and Blind, and Cities, Towns 
and Townships. Occupation, farmer and mechanic. 





Gates County. 
JOHN JACOB GATLING, 


GATLINGTON, N. C. 


Was born near Reynoldson, Gates county, N.C., January 
18th, 1843, and is 40 years of age. He was educated at 
Reynoldson Academy, then known as Chowan College; 
studied no profession. Is a farmer by occupation. Left 
school at the age of eighteen years, and enlisted in the 
“State Guards,” the first military company raised in the 
county, and among the first raised in the State. ‘This com- 
pany was assigned to Company “ B,” to the dth Regiment, 
North Carolina State Troops, which enlisted, from the out- 
set, for the war, and was at first commanded by Col. D. K. 
McRae. On the 12th of May, 1862, he was promoted to the 


46 


position of Regimental Sergeant Major, by order of Col. Me- 
Ray, and remained at the Colonel’s headquarters, acting as 
secretary for him. In the early part of 1863 was promoted 
to be Second Lieutenant of Company G, of the 5th Regi- 
ment, and as such commanded his company through some 
of the hottest battles of the war—the Captain, J. M. Taylor, 
being absent, wounded, and First Lieutenant a prisoner of 
war. In 1864 was made Acting Adjutant of the regiment, 
and in this capacity served until the 19th day of Septem- 
ber, 1864, whén in the desperate and disastrous battle fought 
between General Jubal Early’s army and that of General 
Phil. Sheridan, upon the bloody heights of Winchester, Va., 
he was taken prisoner of war in,.company with some six 
hundred others. After his capture was taken to the Fort 
Delaware Military prison, and there kept nine months, until 
after the war. He was engaged in all the great battles of 
the late war, in which his regiment took part, up to the date 
of his capture, except those of Cold Harbor and Mechanics- 
ville. Since the war he has held a good many important 
public positions. Was township clerk until 1875, when he 
resigned to accept the nomination to the House of Repre- 
sentatives, made vacant by the death of the Hon. R. H. Bal- 
lard, to which position he was elected without opposition. 
He was for some time one of the county examiners for teach- 
ers, has been Public Administrator for Gates county ever 
since that has been an office, and is now a Justice of the 
Peace. In 1876 he was nominated by the Democratic Con- 
vention for the House of Representatives, but declined. In 
1878 was again nominated for the same position, accepted, 
and was elected over his Republican opponent by about 282 
majority. Mr. Gatling was married to Miss Emily G. Wil- 
ley, daughter of John Willey, Esq., deceased, on the 20th of 
November, 1870, and has now living: four children, thfée 
boysand one girl. He was returned to the House in 1881, 
and again this session. He serves on several committees,and 
is a good member. 





Graham County. 


GEORGE B. WALKER, 


ROBBINSVILLE, N. C. 


Born April 2nd, 1855, in Cherokee county, N.C. Edu-~ 


cated in the common schools of the county. Elected to thé 
Legislature by 75 votes; is serving on committees: Com- 


—e 


47 


merce, Education, Agriculture, Congressional Districts, 
Counties, Cities and Towns, Fish Interest, &c. Has never 
married. 





Granville County. 


ELIAS J. JENKINS, 


FRANKLINTON, FRANKLIN COUNTY, N.C. 


Born February 23d, 1843, in the county of Granville, 
son of Jonathan Jenkins, has a common school education, 
married Miss Elizabeth A. Strother, daughter of J. L. 
Strother, in 1875, father of three children, was in the late 
war about two years in Company A, 33d Regiment, North 
Carolina troops, was in the engagement at the Wilderness, 
Spottsylvania Court House, and various other engagements 
in the vicinity of Petersburg, Va. Politically speaking he 
has always been a Democrat until the last election when he 
was elected as the Liberal candidate. Serves on committee 
on Railroads, Post Roads and Turnpikes, and Towns, Cities, 
&e. Is engaged in farming and in manufacturing tobacco. 





A. H. A. WILLIAMS, 


OXFORD, N. C. 


Archibald H. A. Williams was born in Franklin county 
October 22d, 1842. He isa son of the late Henry G. Wil- 
liams, who was at one time Sheriff and also member of the 
Legislature from that county. He was raised by his uncle, 
the late Hon. A. H. Arrington of Nash, after whom he is 
named. Mr. Williams was fitted for college at the Horner 
School of Oxford, and entered Emory and Henry College, 
Va., in 1860, but. when the tocsin of war was sounded he 
enlisted in the 2d North Carolina volunteers asa private 
soldier, but was afterwards promoted to a lieutenapcy and 
then to a captaincy in the 55th North Carolina regiment. 
He served with this regiment during the war and surren- 
dered at Greensboro in 1865. Captain Williams lost three 
brothers during the war—Sol., who was Colonel of the 2d 
regiment, William T., Lieutenant-Colonel of the 32d regi- 
ment, and Thomas M., a private in the 32d regiment. He 
is also brother to Hon. H. G. Williams of Wilson, Captain 
John A. Williams of Oxford and the late Samuel T. Wil- 
liams, who founded the Daily News of Raleigh. Captain 
Williams is the only man in North Carolina who owns a 


48 


railroad. The people of Granville were anxious to have a 
railroad to connect them with the outside world. He took 
charge of that enterprise when there was little hope of his 
making it a success, but by indomitable energy and a won- 
derful financial ability, he brought order out of chaos and 
to-day the Oxford and Heuderson railroad is in successful 
operation—a standing monument to his intelligence, ability 
and energy. He is also president of the Oxford and Hen- 
derson ‘Velegraph Company, a corporation that paid its 
stockholders Jast year a 32 per cent. dividend. Capt. Wil- 
liams’ seat in the present Legislature was contested, but the 
House of Representatives decided in his favor. He is a 
politician of no mean pretentions. His friends urged his 
name in the last congressional convention of his district, 
but after his nomination he arose in the convention and 
declined the use of his name in opposition to his friend 
General Cox. Captain Williams is a valuable member. 


Greene County. 


M. T. DIXON, 


HOOKERTON, N. C. 


Born in 1828, in Greene county, N. C.; son of Washing- 
ton Dixon. Kducated in common schools of his native 
county. Wasa Magistrate twenty-six years, and common 
school committeeman four years. Was married on the 
Ath day of May, 1854, to Miss Mary Harper, daughter of 
James Harper, of Greene county, N.C., and has four chil- 
dren. A Republican in politics. Is now serving on com- 
mittees: Agriculture, and Banks and Currency. By pro- 
fession a farmer. 





Guilford County. 
JAMES W. FORBIS, 


GREENSBORO, N. C. 


Was born in Guilford county, eight miles east of Greens- 
boro, the 29th of July, 1852. He is the son of John and 
Delanah Forbis, and great grandson of Col. Arthur Forbis, 
who was killed at Guilford Court House during the Revolu- 
tionary war, March the 15th, 1781. He was raised a farmer 
boy until be was twenty-one years old. He is the youngest of 
six children, three brothers and two sisters. Owing to his 


49 


father’s death when he was only eighteen months old and 
the devastation and ruin caused by the war between the 
States, he was compelled to commence the great journey of 
life with a very limited education and a more limited purse. 
By hard work and economy, he accumulated afew hundred 
dollars, and with this, he and his brother, W. R. Forbis, 
whose estate was also limited, established in 1875 the first 
furniture store ever opened in Greensboro. By industry 
and economy they achieved success in their new enterprise, 
and soon found their hundreds increased to thousands. 
James, having had from early boyhood a burning desire to 
be an orator, in the fall of 1877, sold his interest in the fur- 
niture establishment to his brother William, and entered 
Chapel Hill, where he remained for two years—graduating 
in the schuol of Philosophy in June, 1879. He was a mem- 
ber of the “Di” Society, and was elected by his fellow 
members to represent that Society at the Commencement of 
1879. Hethen returned to Greensboro and commenced the 
study of law under Judges Dick and Dillard, and was li- 
censed by the Supreme Court of North Carolina to practice 
law at the June term of 1880. He then went into the law 
office of Col. J.T. Morehead and practiced with him until 
January, 1882, when be opened an office and entered the 
practice alone in the city of Greensboro. He did some good 
work iu the Hancock campaign of 1880, and made consid- 
erable reputation as an orator and debator. He continued 
to practice law, with marked success, until November the 
7th, 1882, when, after a hot canvass, being opposed by a 
regular Liberal nominee, and an Independent Republican, 
and au Independent Democrat, he was elected to a seat in 
the lower house of the General Assembly, as a “ died in the 
wool” Democrat, by a majority of 214. He made a bold 
fight during the canvass and was dubbed by the Greensboro 
Patriot and complimented by his friends as the “ game cock 
of the campaign.” Ile was married to Miss Sallie J. Rees, 
of Greensboro, on the first day of January, 1883. He took 
his seat in the House of Representatives on the third day 
of January, 1888. He made a faithful and efficient repre- 
sentative,and was recognized as one of the leaders of the 
House among the young men. 


JOHN L. KING. 


GREENSBORO, N. ©. 
Born Nov. 4th, 1847, at Oak Ridge, Guilford county. 
4 





50 


Son of John King. Educated at New Garden, Yadkin 
county. Was married to Miss R. A. Benbow, the daughter 
of Jesse Benbow, in 1876. Was elected to the present Leg- 
islature by 861 votes majority on the Democratic ticket. 
On committees, Internal Improvements, Insane Asylum, 
Deaf, Dumb and Blind Institution, and chairman of com- 
mittee on Banks and Currency. His occupation is that of 
manufacturer of plug tobacco. 





Halifax County. 
H. J. HEWLIN, 


BRINKLEYVILLE, N. C. 

Born November 25th, 1841, at Enfield, N. C., son of Hil- 
liard Hewlin, educated in Halifax county, was Justice of 
the Peace four years, Constable six years, School Committee- 
man two years, and Deputy Sheriff prior to his election to 


the House of Representatives, Married June 20th, 1876, a 


daughter of O. P. Thrower, and is the father of two children. 
During the late war he served in the 12th regiment, North 
Carolina troops, six months. In politics a Republican, was 
elected by about 3,000 votes. He is on the committee on 
Insurance. 


JAMES M. PITTMAN, 
HALIFAX, N. C. 
Born October 2d, 1852. Educated at Shaw University, 


Raleigh, N.C. Occupation, teaching. Isa Republican, and 
is serving on the Committee on Engrossed Bills. 





Harnett County. | 
DANIEL STEWART, 


TROYVILLE, N. C. 


Born February 13th, 1826, in the county of Cumberland, 
N.C. Son of Charles Stewart. Educated at Pleasant Hill, 
Johnston county, N.C. Has been a member of the school 
committee of his county, and married Miss Nancy Dixon, 
daughter of Patrick Dixon, April 18th, 1850. Father of - 
nine children—only five living. A Democrat; elected by 
168 majority. Is serving on the committees of Agriculture, 
Mechanics and Mining, Finance, and of Salaries and Fees. 


B1 


Mr. Stewart is one of the best farmers and finest cotton 
growers in Hastern Carolina, and it is said that it was a boll 
of cotton from his farm that took the premium at the Vi- 
enna Fair, He is also a very popular man in his section. 





Haywood County. 
WILLIAM WILLIAMS STRINGFIELD, 


WAYNESVILLE, N. C. 


Born May 7th, 1837, in Nashville, Tenn. Educated at 
Strawberry Plains, Tennessee. Son of Rev. Thomas String- 
field. Is now serving his first term in the Legislature. Has 
been U. S. Commissioner three years. Is a Democrat in 
politics, and never voted any other ticket. Has often been 
elected a lay delegate to the Annual, and twice to the Gen- 
eral Conference M. E. Church South, 1874 and 1882. Was 
married January 2d, 1871, to Miss Maria M. Love, daugh- 
ter of James R. Love, deceased, of Haywood county, N. C., 
by whom he has three boys and three girls. Served as pri- 
vate in Ist Tennessee Cavalry, as Captain in 31st Tennessee 
Infantry, and afterwards as Major and Lieut. Colonel of the 
“fighting end” of Thomas’s N. C. “ Legion and Highland- 
ers.” Was in thirty-seven battles in Kentucky, Tennessee, 
Virginia and Maryland, but never wounded. Captured un- 
der last flag of truce at Knoxville, Tenn., on May 1st, 1865, 
and surrendered sword on the same street and within forty 
feet where he drew arms in 1861. He is one of those who 
always acts on his own judgment and when he makes up 
his mind to do a thing, he goes forward and does it, and 
when he advances he knows no retreat, but burns the bridge 
behind him. Isa valuable member of society and a useful 
man in the General Assembly. 





Henderson County. 


B. F. POSEY, 


HENDERSONVILLE, N. C. 


Born in Buncombe Oct. 23rd, 1826. Educated princi- 
pally at old field schools. Married Miss Julia F. Davis, of 
Henderson county, July Ist, 1852. Two children living 
and two dead. Merchant at Hendersonville. Was with 
the reserve corps on the coast of South Carolina during the 
war. He lived about twenty years in South Carolina. 
Democrat. Committees: Finance, Insurance, and Proposi- 
tions and Grievances. 


52 


Hertford County. 
GEO. H. MITCHELL, 


WINTON, N. C. 


Mr. Mitchell is a Republican and is a very popular man 
in his section—even with many Democrats, for he is now 
Mayor of his town where there are no other white Repub- 
licans. He is a man of considerable business interest and 
is now conducting two farms in Hertford county and two 
in Bertie county. 





Hyde County. 
J. B. BAUM, 


FAIRFIELD, N. C. 


Born May 30th, 1842,in Hyde county. Educated at com- 
mon schools of Hyde county. Was a member of the Sixty- 
sixth Regiment of North Carolina Rangers during the war. 
Democrat, and never voted any other ticket, and was elected 
by a majority of 101 votes. Always refused offices, but was 
forced by his friends to come to the House, and thinks he 
is now sufficiently amused in public life. Serves on Propo- 
sitions and Grievances, Internal Improvements, Post Roads 
and Turnpikes. — 

Iredell County. 


AUGUSTUS C. TOMLIN, 


OLIN, N. C. 


Was born March 29, 1832, in Iredell county, and is now 
living on the old homestead of his father, the late Notley 
D. Tomlin. Was educated at the schools of the community. 
Married Miss Margaret A. Alexander, daughter of Mr. J. 
F. Alexander, of Statesville. Hastwo children. Has been 
County Commissioner four years. Serves on committee of 
Internal Improvements, and several others. He isa steady, 
quiet and useful member. 





—_—_—, 


A. LEAZAR, 


MOORESVILLE, N. C. 


Born March 27th, 18438, in the county of Rowan, son of 
John Leazar, educated at Davidson College and graduated 
with first honors at the age of 17 in 1860. He is a true 
Democrat, and was elected to the House by 423 majority 
over the Republican candidate, Judge D. M. Furches, Is 
serving on the committees of Finance, Education, Insane 


53 


Asylums, Deaf, Dumb and Blind Asylum, and on the com- 
mittee to Redistrict the State. He served four years during 
the late war in Co. G, 42d North Carolina Regiment. He is 
a gentleman of fine education, and makes a good member. 





Jackson County. 


J. M. CANDLER, 
WEBSTER, N. C. 

Born August 31st, 1846, in Buncombe county. Son of 
G. W. Candler. Educated at Sand Hill Academy; read 
medicine under Dr. D. M. Gudger, and attended lectures at 
the Philadelphia Medical University, and began to practice 
medicine in 1868. Is a Republican, and was elected by a 
majority of 207 votes. Serves on two committees, Insane 
Asylums, and Counties, Towns and Cities. Married Miss 
Mary E. Mahoney June 23d, 1868. She is a daughter of 
Rev. James Mahoney, and they have four children. 





Johnston County. 


H. M. JOHNSON, 


ROME, N. C. 


Born January 28th, 1837, in the county of Johnston, N. 
©. Son of Allen Johnson. Common school education, and 
by the light of his own pine torch. Married three times. 
First to Miss Nancy Ann Beasley ; second, Miss Charlotte 
Aun Peacock, and third, Miss Edith Ann Allen; is the 
father of ten children. Served a portion of the time dur- 
ing the war as Second Lieutenant in the militia. Is a Dem- 
ocrat; was elected by 144 majority. A good farmer, and an 
active, working member on the following committees: Pe- 
nal Institutions, Deaf, Dumb and Blind, Agricultural and 
Mechanics and Mining. 


JESSE BROWN, 


SELMA, N. C. 


Born January 18th, 1825. Son of Thomas Brown. Married 
a daughter of Jesse Sterling March 16th, 1848, and was mar- 
ried a second time to a daughter of M. Penney March 13th, 
1872. Has five sons and seven daughters. On committees 
‘on Corporations and Propositions and Grievances. 


54 


Jones County. 


EDWIN RANDOLPH PAGE, 
TRENTON, N, C. 

Born September 19th, 1846, at West Point, Va. Son of 
Dr. R. F.,Page. Educated at Hillsboro Military Institute 
and at Annapolis Naval School. Went to sea and visited all 
the principal ports of Europe. Held the following offices : 
Postmaster at Kinston, N. C., conductor on Atlantic & N. 
©. Railroad, and Deputy Collector at Large in Second Dis- 
trict North Carolina. Married November 8th, 1871, Miss 
O. E. McDaniel, only daughter of Nathan McDaniel. During 
the war he ran away from Hillsboro School and joined Com- 
pany K, Ninth Regiment Virginia Cavalry ; was wounded 
in the vicinity of Sharpsburg, Md. Surrendered at Greens- 
boro, N. C., with one dollar and thirteen cents in his pocket, 
which was tied up in horse hair taken from the tail of a 
horse that was killed under him at Bentonsville, Johnston 
county, N. C. At one time during the war he acted as 
courier to General Wade Hampton. He is a Republican 
and was elected by 664 majority. Serves on Finance Com- 
mittee, Military Affairs, Rules, Railroad Commission, In- 
ternal Improvements, Agriculture and Insane Asylum. He 
is a jovial, whole-souled and good fellow, and one everybody 
likes. 


Lenoir County. 


DEMPSEY WOOD, 


LA GRANGE, N. C. 


Born in 1848,in Lenoir county. Son of James Wood. 
Educated at Greensboro, N.C. Married Miss Elmira Wood, 
daughter of Jesse Wood, May 11th, 187€, and is the father 
of three children. A Democrat, elected by 140 majority, 
and is serving on the following committees: Agricalture, 
Mechanics and Mining, Education, Internal Improvements, 
and on Congressional Districts. 








Lincoln -County. 


W. L. CROUSE, 
CROUSE, N. C. 
Was born July 29th, 1849, at his present home; the son 
of David Crouse, and was educated at Catawba High School, 
and was married to Miss Stowe, daughter of S. D. Stowe, of 


55 


York county,S. C.,on June 10th, 1871; three children 
have blessed their union. Was elected to the present Leg- 
islature on the Democratic ticket by one hundred and 
eighty-one majority. Is now serving on the following com- 
mittees, viz: Militia, Penal Institutions, Internal Improve- 
ments, and joint Railroad Commission. 

Studied medicine under Dr. U. L. Brown, of Lincolnton ; 
afterwards attended and graduated in Medicine at the 
Washington University of Maryland, (1870-’71—72-’73,) 
and since then has been continuously in practice of his pro- 
fession and farming. 





McDowell County. 
J. C. McCURRY, 


MARION, N. C. 


Born September 15th, 1837, in Burke county, N.C. Edu- 
cated at Marion and county schools. Was married to Miss 
Maggie McInturff, of Tennessee, in October, 1867, and has 
two children. Is a Democrat. Was two years the County 
Treasurer. Was Magistrate during the war. Was elected 
to the present Legislature by one hundred and five major- 
ity. Is now serving on the following committees, viz: 
Corporations, Redistricting the State, Cities and Towns, 
&c. Was raised a farmer, but is now a successful mer- 
chant. Look well after the interest of those who sent him 
here. 


Macon County. 
J. F. RAY, 
FRANKLIN, N. ©. 

Born in 1855 in the county of Macon, N.C. Son of John 
Ray. Educated at Franklin, and was elected to the House 
of Representatives in 1881. Is on the following commit- 
tees, viz: Corporations, chairman of committee on Military 
Affairs, and chairman of committee on Railroads, Post 
Roads and Turnpikes. Mr. Ray is a young man and is 
very ambitious to make his mark in life. 


Madison County. 
DAVID STRALEY BALL, 
STOOK, N. ¢. 
Born on Jack’s Creek, in Yancey county, N. C., August 
31st, 1848, son of Melmoth Ball, educated at Mars Hill Col- 


56 


lege, in Madison county, a member of the board of County 
Commissioners of Madison county for the years 1879-80. 
Married a daughter of E. B. Holcombe August 25th, 1866, 
Has no children. Served in the war of the Confederate 
States for four years and one month in Lee’s command, 
Company B, 16th North Carolina, and held the office of 
Second Lieutenant. Republican in politics and elected to 
the Legislature in 1882 by a majority of 164 votes, and at 
this session served on committees: Salaries and Fees, and 
Propositions and Grievances. Occupation, a farmer. 


Martin County. 
DENNISON WORTHINGTON, 


WILLIAMSTON, N. C. 


Born October 6th, 1848, in Murfreesboro, Hertford county. 
Educated in North Carolina and Maryland. Went into the 
war at first in 8th Regiment N. C. Troops, and afterwards 
assigned to the charge of signal and mounted scouts on the 
peninsula below Richmond. Was wounded there and cap- 
tured May 6th, 1864, and held as hostage until March, 1865, 
and surrendered at Warrenton, N.C., after the fall of Ap- 
pomattox. Read law under Hon. J. J. Yates, and Martin, 
Baker and Hinton of Norfolk, Va., and received license to 
practice in the courts of Virginia in 1869. Now located at 
Williamston and practicing his profession under the law 
firm of Moore and Worthington. Married Miss Julia, 
daughter of Col. S. J. Wheeler, of Bertie county, November 
17th, 1871. Been Solicitor and Judge of the Inferior Court, 
was member of the Legislature of 1881, at which session he 
was chairman of committee on the Appointment of Justices 
of the Peace. He serves on committees: Judiciary, Fish 
Interests, and Enrolled Bills. He is Speaker pro tem. of the 
House of Representatives, chairman of the joint committee 
to Redistrict the State, chairman of committee on Rules, 
chairman of committee on Military Affairs, and member of 
the Code committee. Mr. Worthington has taken a very 
prominent stand in this General Assembly, and isa leading 
and influential member. 


57 


Mecklenburg County. 
T. T. SANDIFER, 


PAW CREEK, N.C. 


Born October 20th, 1818, in Chester county, South Caro- 
lina, son of Philip Sandifer, educated at Ebenezer Academy, 
at Mount Pleasant, S.C., and at Yorkville Academy, was 
for four years a member of the board of County Commis- 
sioners of Mecklenburg, married twice, first to Miss Ann M. 
Wilson in 1840, and to Miss Lizzie Graham in 1866. He is 
the father of three children by his first wife and eight by 
the second wife. Heis a Democrat and was elected by over 
400 majority, by profession is a physician, commenced prac- 
ticing medicine in 1838 and continued to do so until 1868, 
and since that time has devoted his attention to farming. 
Is on the committees on Insane Asylum and Agriculture. 


J. S. MYERS, 
CHARLOTTE, N. C. 


Born November Ist, 1847, in Mecklenburg county, N. C. 
He is son of W. R. and 8. C. Myers and is a self-made man, 
possessed of an active and strong mind and educated him- 
self by close application to study with but little assistance 
from teachers. Married Miss Mary M. Rawlinson of Rock 
Hill, S. C., December 22d, 1870, and has four living children’ 
—two sons and two daughters. Is serving on the committees 
of Agriculture, Immigration, and Penal Institutions. He 
isa true Democrat and a vigilant representative and by 
occupation a farmer. 


WILLIAM H. BAILEY, 
CHARLOTTE, N. €. 


Mr. Bailey has taken much interest in matters of legisla- 
tion and has let nothing escape his notice. He is a man of 
fine education and legal attainments and well posted in 
parliamentary usages. He is a fluent and ready speaker, 
and has let but few questions pass without expressing his 
viewsupon them. He serves on several leading committees 
and is an active worker. 


~ 


58 


Mitchell County. 
H. LINEBACK, 


LINEBACK, N. C. 


3orn in 1849, in the county of Ashe, N. C., has a limited 
education acquired by persunal application, not having any 
school advantages, is a Republican, was connected with the 
Federal army during two years of the war, belonged to 
Company C, 13th Regiment, Tennessee cavalry, isa married 
man, has five children, was a member of the board of County 
Commissioners for two years, serves on the committee on 
Corporations in the House. 





Montgomery County. 
A, L. HENDERSON, 


ELDORADO, N. C. 


Born April 28th, 1830, in Montgomery county. Educated 
in the common schools of the county. Married in 1850 
Miss Piety Harris. Father of nine children, eight of them 
living. Was County Treasurer two years. In politics a 
Republican, and was elected by 75 majority. Occupation a 
blacksmith, serves on the Committees of Deaf and Dumb 
and the Blind, and Railroads, Post Roads, Turnpikes, &c. 





Moore County. 


HECTOR TURNER, 


CAMERON, N. C. 


Dr. Turner isa good physician and farmer at home, and 
peforms his duties here faithfully. He is about sixty years 
old and a man of family. He is a strong Democrat and 
looks well to the interest of his party. He served in the 
House two years ago. 





Nash County. 
B. H. BUNN, 3 


ROCKY MOUNT, N. C. 

Mr. Bunn is a practicing attorney by profession, and in 
point of ability stands well up towards the head of the class. 
His labors in the present session of the House have been 
very valuable. He is on several of the leading committees 


59 


and always takes a prominent part in committee work and 
is ever ready when questions of any kind come before the 
House. He isa thorough and practical reasoner, a good 
debater, and in every way has rendered himself very efficient. 
He is a gentleman of very fine personal appearance, affable 
manners, and has many friends. 





New Hanover County. 


WILLIAM HENRY WADDELL, 


WILMINGTON, N. C. 


Born May 14th, 1847. Never went to school, but has re- 
ceived a very fair family education. Not married. Been 
Janitor, with rank of Captain, at City Hall in Wilmington, 
for twoterms. Been Superintendent of City Improvement 
for one year. His first term in the Legislature was in 1879. 
Was here again in 1881 and returned to this session by a 
large vote, about 1,100. He has been member of School 
Committees for some time, and Uhairman of the Board. He 
now serves on committee on Insane Asylum. 





EUSTACE E. GREEN, 


WILMINGTON, N. C. 


Born February 3d, 1845, at Wilmington, N. C. Was 
educated at Lincoln University, Pennsylvania, and held the 
following offices: Clerk of Court, County Examiner of Pub- 
lic Schools and Principal of a Graded School. Married 
Georgie Cherry, daughter of Henry Cherry, July 2d, 1879. 
Father of one child. A Republican. On following com- 
mittees, viz: Propositions and Grievances, Penal Institutions 
and Education. 





Northampton County. 
WILEY BAKER, 


DOGWOOD, N. C. 


Born February 14th, 1850, in Halifax county. Hducated 
in the common schools of the county. In politics a Repub- 
lican, held the office of Constable, Overseer of Roads anda 


School committeman. Serves on the committee on Deaf, 
Dumb and Blind. 


60 


R. B. PEEBLES, 


JACKSON, N. C. 


Mr. Peebles was born July 21st, 1841, in Northampton 
county, N.C. Educated at Chapel Hill, N.C. Obtained 
license to practice law at June term, 1866. Married to Miss 
Maggie Cameron, daughter of Paul C. Cameron, of Hills- 
boro, N.C. Served on the following committees: Chair- 
main of Corporations and Judiciary, on Committee on Edu- 
cation, Agriculture and Commerce, Library, Publie Build- 
ings, The Code, Rules, &e. Was a member of the Legisla- 
ture in 1866-’67, and filled with much credit to himself the 
office of County Attorney, Trustee of the University, com- 
missioner to represent North Carolina at the Yorktown cel- 
ebration, Lieutenant in Company E, 56th N. C. Regiment, 
Adjutant 35th N. C. Regiment, Assistant Adjutant General 
Ramsour’s Brigade. Mr. Peebles is one of the best men in 
his section of the State, and the interest of his people while 
in his care would never suffer. The members of the House 
had become very much attached to him, and it was with 
much reluctance that he was voted out to make a place for 
his contestant, George H. Parker. 





Onslow County. 


C. THOMPSON, M. D. 


JACKSONVILLE, N.C. 


Born February 8th, 1855, at Haw Branch, Onslow county, 
and is son of Frank Thompson, Sr. He was educated at 
Randolph Macon College, University of Virginia and Uni- 
versity of Louisiana. Was married to Miss Florence G. 
Kent, daughter of Charles E. Kent, of Amherst C. H., Va., 
December 5th, 1882. Dr. Thompson is a Democrat and a 
practicing physician. Was elected to his present seat in the 
House of Representatives by a majority of 241. He is 
chairman of House branch on Enrolled Bills and is on the 
committee on Internal Improvements, Re-districting the 
State and Insane Asylums. He is a young, vigorous mem- 
ber, and lets nothing concerning the East pass unnoticed. 





Orange County. 
JAMES A. CHEEK, 
HILLSBORO, N. C. 


Born July 21st, 1842,in Orange county, is the son of 
James Cheek, was educated in Orange county and married 





61 


Miss Rosa F., daughter of Mr. John Cheek, has three chil- 
dren. He served in the Confederate army in Company D, 
Ist Regiment North Carolina State troops, held the office of 
“low private in the rear rank,” and was discharged from 
service on account of bad health. In politics he is an In- 
dependert Democrat, and in voting on measures casts his 
votes according to his convictions of right and wrong. Was 
elected by seven majority —overruling a regular Democratic 
majority of 800 votes. The main issues he advocated in 
the campaign were his opposition to the present system of 
county government and opposition to all stock laws with- 
out first submitting the question to the qualified voters of 
the territory asking the law, and opposition to prohibition. 
By occupation he is a liquor dealer. 





Pamlico County. 


R. D. McCotter, 


PAMLICO, N. C. 


Born May Ist, 1836, near Pamlico, Pamlico co.; his father’s 
name is Richard McCotter. He was educated partly at the 
University of North Carolina, but graduated at Trinity 
College. Servedin the late war in the capacity of Lisuten- 
ant in company F, 46th Regiment, under Col. W. L. Saun- 
ders and was with General Lee at the surrender. 

Mr. McCotter has served his people as County Commis- 
sioner, County Examiner, and County Superintendent of 
Public Instruction, and was elected to his present seat in 
the House of Representatives by a majority of 187. He is 
a Democrat and popular with his people. He has served 
on the committees on Propositions and Grievances, on Bank- 


ing, and on Education, and has madea good representative. 





Pasquotank County. 


NOAH R. NEWBY, 
NIXONTON, N. C. 


Born June 15th, 1857, in Perquimans county, N. C. 
Educated at Hampton College, Va.; closed his college course 
in 1879, and since that time has been teaching. In politics 
a Republican and was elected to the House by 217 majority ; 
is serving on the committees on Education and Fish In- 
terests. 


62 


Pender County. 
R. B. FRAYSER, 


POINT CASWELL, N. C. 

Mr. Frayser is a lawyer by profession, and is an old gen- 
tleman of active mind and clear judgment and firm con- 
victions. He isa Republican in polities but voted for Hon. 
M. W. Ransom for United States Senator. 





Perquimans County. 


FRANCIS NIXON, Jr., 


WINDFALL, N. C. 


Born December 3d, 1852, in the county of Perquimans, 
N. C. Educated at a neighborhood academy. Held the 
office of Magistrate for two years. A Republican in polities 
and a farmer. Is serving on the committee on Propositions 
and Grievances. He now lives with his grandfather, Fran- 
cis Nixon, Sr., who is a very large land owner in that 
county. 





Person County. 


W. F. READE, 


MOUNT TIRZAH, N. C. 


Mr. Reade is quite an old man but has an active mind 
and makes a good member. He is a brother of Judge 
E. G. Reade. He is Republican in polities but votes ac- 
cording to his convictions regardless of polities. 





Pitt County. 
CALVIN STOKES, 


JOHNSON’S MILLS, N.C. 


Born March 18th, 1839, in Pitt county, N. C. Son of 
Thomas Stokes. Educated at the public schools. Has been 
Justice of the Peace. Was married August 15th, 1860, to 
Margaret A. Witherington, daughter of Reuben Withering- 
ton, by whom he had two children. Served in the late war 
six months as a member of the Bridge Guards, commanded 
by G. W. Cox. Was Sergeant in same and acted his part 
well. Was elected to the present Legislature by a majority 
of 204 votes on the Greenback ticket. By occupation a 
farmer. He is now serving on the following committees ; 
Engrossed Bills and Immigration. 


63 


L. J. BARRETT, 
FARMVILLE, N. C. 

Born June 18th, 1839, in the county of Pitt. Son of 
Josiah Barrett. Educated at Horner’s school at Oxford, N. 
C. Wasa member of the House of Representatives during 
the sessions of 1874—’75. Married November 25th, 1868, to 
Miss Julia M. Bynum, daughter of Allen Bynum. Served 
four years in the late war, was Lieutenant of Co. E, 27th 
Reg’t. N. C. Troops, and was Captain of Co. H, 7th Reg’t. C. 
S. Cavalry, Hampton’s Division, was engaged at Piymouth, 
Newbern and in various engagements in the vicinity of 
Petersburg, Va. A Democrat, elected by 300 majority, and 
is on the committees of Finance, Agriculture, Mechanies 
and Mining, and Salaries and Fees. 





Polk County. 
T. C. BRADLEY, 
MILL SPRINGS, N.C. 

Born in Rutherford county, December 17th, 1888. At- 
tended school at Gold Hill Academy,in Rutherford county, 
Married Miss Jennie Hampton, of Polk county, in 1865. 
He has six children; served in the first company that left 
Rutherford county during the war—company G, 16th Reg- 
iment. Been Deputy Sheriff for two years, and Deputy 
Marshal in the Revenue service. Republican in_ politics. 
On committees on Penal Institutions, and Banks and 
Currency. 


Randolph County. 
BURWELL STEED, 


HILL’S STORE, N. C. 


Born in 1836, in Randolph county. Married Miss Elmira 
Hopkins in October, 1876. Occupation is that of a farmer. 
Been Justice of the Peace and County Commissioner. Dem- 
ocrat in politics. Serves on committees of Corporation, Ag- 
riculture, and Salaries and Fees. 





MARMADUKE SWAIN ROBINS, 
ASHEBORO, N. C. 
Born August 31st, 1827, in Randolph county, N.C. Son 
of John Robbins. Educated at Chapel Hil). Married Miss 


a 
64 


Annie E. Moring, daughter of W. H. Moring, July 24th, 
1878. One or two children living. A Democrat in poli- 
tics, and elected to the Legislature by three hundred and 
fifty-seven majority, and now serving as committeeman on 
Judiciary, the Code, Redistricting the State, &e. An attor- 
ney by profession, having obtained license in 1856, 





Richmond County. 


H. H. COVINGTON, 
ROCKINGHAM, N, C. 


Born October 27th, 1842, in the county of Richmond, N. 
C. Educated in the common schools of the county. Mar- 
ried Miss Teresa Hawkins, of Richmond county, and has 
five children. Held the office of overseer of road. A Re- 
publican in politics and elected by 389 votes. Serving on 
the committee of Internal Improvements and of Claims. A 


farmer by occupation. ‘ 





Robeson County. 


0. 8S. HAYES, 


PATES, N. C. 


Farmer, merchant and turpentine operator. Born Jan. 
26th, 1848, in Loudonville, Ashland county, Ohio. son of 
H. I. Hayes, and educated at Toledo, Ohio. Member of the 
Convention of 1868. Also Senator in 1868-69. Member 
of Company EH, 100th Ohio Regiment, 23rd Corps, Schofield’s 
Command. Adjutant and Captain in the 128th Ohio Regi- 
ment. Was elected to the present Legislature by over one 
hundred majority, and is now serving on committees, Agri- 
culture, Convict Labor, Finance, Insane Asylum, Internal 
Improvements, &c. Not married. 


EDWARD K. PROCTOR, : 


LUMBERTON; N. C. 


Born in New Kent county, Va., Jan. 8th, 1825. Educated 
at Roslyn, Staten Island, N. Y. Married first to Miss An- 
nie Reid, of Boston; the second time, to Miss Annie E. 
Sumter, of Robeson county. Has two children. Came to 
North Carolina in 1859, and, after living one year in Wil- 
mington, located in Lumberton. He is son of William and 


65 


Mary Proctor, who came from England. He was member 
of the House in 1868-69. He serves on committees of 
Corporations, and Propositions and Grievances. 





Rockingham County. 


PRYOR REYNOLDS, 


LEAKSVILLE, N. C. 


Born February 17th, 1824, in Franklin county, Alabama. 
Son of Pryor Reynolds. Educated at private schools, and 
was Private Secretary to Governor Morehead in 1841-44, 
County Commissioner, &c. 

Was married to Miss E. C. Jones, daughter of Col. Man- 
son Jones, August 12th, 1850; has five children living out 
of the seven born to them. He served in the Army of 
Northern Virginia from March, 1863, to April 9th, 1865, in 
the 45th North Carolina Regiment, Daniel’s Brigade, Rhodes’ 
Division, as Quartermaster. Was elected without a canvass 
to the Legislature by 41 majority on the Democratic ticket. 
Lived in New York in the capacity of salesman in 1847. 
Engaged extensively prior and since the war in mercantile 
pursuits, chiefly in the tobacco trade, as manufacturer and 
raiser. Also engaged largely in steam saw mills, of the 
well known firm of Reynolds, Haughton & Millner. 


JAMES D. GLENN, 
LEAKSVILLE, N. C. 


Was born at the residence of his grandfather, Col. J. R. 
Dodge, in Yadkin county, N. C., on the 20th of October, 
1852. His father, Captain Chalmers Glenn, having been 
killed in the battle of Boonsboro, Maryland, he was adopted 
and raised by his uncle, Dr. H. T. Broadnax, of Rocking- 
ham county. Heentered the Virginia Military Institute in 
1867, and graduated at that institution in July, 1871. 

Although educated as a civil engineer, he preferred farm- 
ing to any other occupation, and has followed that since 
1871. Hewas married in June, 1877, to Miss Mary W. 
Broadnax, youngest daughter of Dr. John G. Broadnax, of 
Rockingham county. They have had two children, but 
both died. He was nominated by the Democratic Conven- 
tion of his county, and elected to the House of Representa- 
tives in 1880, and again renominated and elected in 1882. 


5 


66 


He is chairman of the committee on Internal Improye- 
ments of the present House, and upon the committees of 
Finance, Military Affairs, Agriculture, Convict Labor, and 
of Library. 

Mr. Glenn was elected Captain of Co. H, 3d Regiment, 
North Carolina State Guard, in August, 1881, and Lieuten- 
ant-Colonel of the 8d Regiment in December, 1882. 

Mr. Glenn is a man of fine personal appearance, pleasing 
manners, sound judgment, and while he is bold and fear- 
less in the discharge of his duties, he never overleaps the 
bounds of strict propriety on any question. He is very 
popular, and deservedly so, for he is a worthy gentleman. 





Rowan County. 


LEE 8. OVERMAN, 
SALISBURY, N. C. 


Was born in Salisbury on the 3d day of January, 1854; 
was graduated from Trinity College in 1874, receiving the 
degree of A. B., and three years later the degree of A. M. 
was conferred upon him by his Alma Mater. In June, 1876, 
he commenced the study of law under Col. J. M. McCorkle, of 
Salisbury, and in the campaign of 1876, took a very active 
part. On the 31st of January, 1877, he was appointed by 
Governor Vance his confidential clerk, and on the 1st of 
January, 1879, he received the appointment of Private Sec- 
retary. While in Raleigh he pursued the study of his pro- 
fession under Richard H. Battle, Jr., Esq., and at the Janu- 
ary term, 1875, of the Supreme Uourt, received license and 
was admitted to the bar. Resigned office of Private Secretary 
January Ist, 1881, and returned to Salisbury to practice his 
profession. Was elected to his present seat in the House 
over G. A. Bingham, a Liberal candidate. He serves on 
various committees, and is a hardworking and good mem- 
ber, and his good qualities and manly deportment are only 
equaled by his gentlemanly bearing and good looks. He 
serves on Judiciary and The Code committees, and is chair- 
main of committee on Deaf, Dumb and Blind Asylum. 





Rutherford County. 
G. B. PRUITT, 


WEBB FORD, N. C. 


Born in the county of Cleveland, son of John Pruitt. 
Educated in the common schools of his county; was Rail- 


67 


road agent at Rutherfordton ; married Miss Margaret Spur- 
lin, daughter of I. J. Spurlin, in June, 1870, and is the 
father of five children. Was elected as a Liberal Democrat 
by a majority of 154, and is on the committee of Proposi- 
tions and Grievances. 





Sampson County. 


WILLIAM 8. MATHEWS. 
SIX RUNS, N. ¢. 


Born May 14th, 1823,in Sampson county. Married Miss 
S.C. James Nov. 22nd, 1854, and has seven children, four 
dead. Served only in militia during the war. Was Magis- 
trate for eleven years, and County Commissioner for two 
years. 

Mr. Mathews is a farmer by occupation, and asked me not 
to: say that he was the most successful one im the State : 


=e = awa 





C. H. WILLIAMS, 


HUNTLEY, N. C. 


Born Nov. 28th, 1850, in Sampson county, N. C., theson 
of John C. Williams. He was educated in Sampson county, 
N.C. Marrid Miss Flora A. McDonald, daughter of Z. W. 
McDonald, Nov. 24th, 1870, and is blessed with two children. 
A Democrat in politics, and a member of committees on 
Finance, Propositions and Grievances, Immigration, and 
chairman of Insurance. A Justice of the Peace, and elected 
by five hundred and ninety-eight majority to the House. 





Stanly County. 
D, N. BENNETT, 


NORWOOD, N, €. 

Born August 20th, 1843, in Chesterfield county, S. C. Hd- 
ucated principally at the Wadesboro Institution. Married 
Miss A. C. Dunlap, daughter of B. J. Dunlap, of N. C., and 
has five children—three sons and two daughters. Politi- 


68 


cally a Democrat of the first water, in other words a true blue 
of the Old Hickory persuasion, and was elected by 210 ma- 
jority. Serves on the committees of Finance, Insane Asy- 
lums, Education, and Appointment of Justices of the Peace. 
As an evidence of Mr. Bennett’s faithful discharge of duty, 
we can say that during the session, he has not missed a sol- 
itary vote. ‘This can be said of but a few members. 





\ 


Stokes County. 
JOHN Z. PHILLIPS, 


DALTON, N. C. 


Born May 19th, 1846,in Yadkin county. Son of Matthew 
Phillips. Educated at Wake Forest College and graduated 
there in 1875. Attended Pearson’s Law School, and ob- 
tained his license in 1877, and has continued the practice 
of law since that time in the courts adjacent to his county. 
He held at one time the office of Superintendent of Public 
Schools of the county of Stokes. In politics is a Democrat, 
Is on the following, committees :* Judiciary, Education, Pe- 
nal Institutions, and Propositions and Grievances. During 
the war about one year he served with the Junior Reserves, 
Co. C, 83d Regiment N, C. State Troops attached to Hardie’s 
Corps. 





Surry County. 
WINSTON FULTON, 


MOUNT AIRY, N. C. 


Born in Stokes county April 4th, 1821. Moved into 
Surry county in 1845, and married March 4th, 1847; lost 
his wife on June 11th, 1875. He is the father of nine 
children, all living. In politics a Whig before the war and 
a Democrat since. Isa farmer by occupation and is also 
engaged in the manufacture of tobacco, cotton yarn and 
sheeting. Mr. Fulton, like all other successful farmers and 
business men, makes a worthy member, for when a man 
knows how and can manage his own affairs to advantage, he 
has the right kind of education to manage the affairs of 
others. 


69 


Swain County. 


A. H. HAYES, 


CHARLESTON, N. C. 

Born January 22d, 1848, in Murphy, Cherokee county, 
where his father, G. W. Hayes, resided and where he was 
educated. He was married to Miss M. E. Leatherwood of 
Cherokee county, November 4th, 1869, and has five children. 
Mr. Hayes is a Democrat and a farmer, and was elected by 
a majority of 101 to fill the seat he now occupies in the 
House cf Representatives. He has served on several im- 
portant committees and is faithful to his people. 





Transylvania County. 


ROBERT HAMILTON, 


BREVARD, N. C. 


Born May 16th, 1817, in Buncombe county. Received a 
limited education from the country schools. Was married 
to Miss R. A. Neill, daughter of Geo. C. Neill, July 2d, 1840, 
and has nine children living. 

Mr. Hamilton was elected Sheriff by the Justices of the 
Peace at the organization of Transylvania county 20th May, 
1861, was re-elected in 1862, and has since served his county 
in the capacity of Justice of the Peace and Chairman of 
County Court. Heis a Republican, was a Union man dur- 
ing the late war, and did not serve in the army. Was 
elected to his present seat in the House of Representatives 
by a majority of 57, and has served on Finance, Salaries and 
Fees, and Agricultural Committees. 


Tyrrell County. 
FREDERICK C. PATRICK, 


LEONA, N. C. 


Born September 19th, 1849, in Tyrrell county, N. C., son 
of F. F. Patrick. Educated at the primary schools of the 
county ; held the offices of County Commissioner and Jus- 
tice of the Peace; married Martha L. Liverman, daughter 
of Hardy H. Liverman, March 20th, 1873; father of six 
children, only three living. Is a Democrat—was elected by 
137 majority. Is serving on the committees on Claims, 
Counties, Cities, Towns, &c., and Penal Institutions. 


70 


Union County. 


JAMES HOUSTON, 
STOUT, N. C. 

Born November 28th, 1817, in Mecklenburg county, now 
Union ; married Miss Martha EK. Walkup, of Union county ; 
has six children living; was in the Senior Reserves six 
months during the war, and was Captain. Democrat in 
politics, and serves on committees of Penal Institutions, 
3anks and Currency, State Debt, and Salaries and Fees. 





Vance County. 


H. B. EATON, 
WILLIAMSBORO, N. C. 

Born in 1847, in Granville county, N. C.; no educational 
advantages; held the office of school committeeman, mar- 
ried in 1867, and has six children. A Republican ; occu- 
pation, farming. Serves on the committee on Propositions 
and Grievances. 





Wake County. 
E. M. BLEDSOE, 
RALEIGH, N. C. 

Born in Raleigh August 3d, 1850, educated at schools 
conducted by Mrs. C. P. Spencer, at Chapel Hill, and at the 
University of the State, married Miss Annie, daughter of 
Laurence Hinton, September 3d, 1873, and has four children. 
Was a migistrate for three years, is a Republican and was 
elected by a large majority, is serving on committees on 
Proposition and Grievances, Penal Institutions, and Claims. 
He is engaged in farming. 


J. 0. HARRISON, 
NEW LIGHT, N. C. 
Mr. Harrison is a Republican in politics and by occupa- 
tion is a farmer. This is the first term he has ever served 
in the General Assembly. 


J. A. TEMPLE, 
RALEIGH, N.C. 

Mr. Temple is a farmer by occupation and has been in 
public life but little more than serving as Magistrate. This 
is the first time he has been in the General Assembly. In 
politics he is a Republican. 


vk 


JAMES H. HARRIS, 


RALEIGH, N. C. 


Born in Granville county about 1830, self-educated, mar- 
ried Isabella Hinton, no children. Member of the Consti- 
tutional Convention in 1868, in the House in 1869, in the 
Senate in 1872, and again in the House the present session, 
has been a member of the Board of Aldermen several years, 
was director for the Institution for the Deaf and Dumb and 
the Blind for four years, was United States Deputy Collector 
in 1872. On committee on Internal Improvements, Rail- 
roads, &c. He is one of the leading members of the Re- 
publican party, and for the chances generally afforded col- 
ored men, is well posted in political matters and a good 
speaker. 





Warren County. 


J. H. MONTGOMERY, 


WARRENTON, N. C. 
Born January 15th, 1854, in the county of Warren, N. C. 


. Educated at Tupper’s School, Raleigh, N. C. School teacher 


by profession, and a Republican in politics. Elected to the 
House by 1,200 votes, and is serving on the committee for 
Deaf, Dumb and Blind Institution. 





Washington County. 


ENOCH H. LEARY, 
MACKEY’S FERRY, N. 6. 

Born January 13th, 1837, at Holy Neck, Washington 
county, N. ©. Son of Harmond Leary. Not educated 
much. Yet he was a County Commissioner for eight years. 
Father of five children, four living. Married a daughter of 
John S. Woodley, December 22d, 1872. He is a Republi- 
can, and was elected to the House by 296 majority. He is 
on the committee on Claims, and on committee to appoint 
Justices of the Peace. He served during the late war in the 
Federal army, and was Third Sergeant in Co. L, and was 
wounded at Warsaw, N. C. 





Watauga County. 
WALTER W. LENOIR, 


SHULL’S MILLS, N. C. 


Born March 138th, 1823, at Fort Defiance, Caldwell county, 
N.C. Son of Thomas Lenoir, and educated at Bingham’s 


72 


School, and at the State University. Was at one time chair- 
man of the Board of Commissioners of Watauga county. 
Married June 10th, 1856, Miss Cornelia J. Christian; had 
one child, which lived only six months. Mr. Lenoir is a 
Democrat, and was elected by 157 majarity. He is on the 
following committees: Claims, Finance, Mechanics and 
Mining, Select Committee on Internal Revenue and Tariff, 
and chairman of the coramittee on Agriculture. During 
the late war he was Captain of Company A, 37th North Car- 
olina Regiment, and with A. P. Hill’s Division. Entered 
the service in December, 1861, and continued in it until dis- 
abled by the loss of a leg at Ox Hill, Virginia, September 
Ist, 1862. Col. Lenoir is one of the most practical thinkers 
and ready workers from the West. Watauga did well to 
send such a valuable man, and his course here has reflected 
much credit upon himself and constituents. 





Wayne County. 
JOHN B. PERSON, 


FREMONT, N. C. 


Born September 9th, 1829, in Greene county, N. C. Son 
of Thomas Person. Educated in the common schools of the 
county, and has held the office of Magistrate. Was married 
to Miss Patience Lancaster, daughter of Bryant Lancaster, in 
1870 and blessed with six children. He served four years 
in the war, Co. D, 2d N.C. Cavalry, held the place of Orderly 
Sergeant and second Lieutenant. Wounded twice. Elezted 
as Independent Democrat by 174 majority, and is serving 
on committees on Railroads and Corporations. Was once 
Colonel of Militia. 


JGHN R. SMITH, 


GOLDSBORO, N. C. 


John R. Smith, son of William Smith, was born in Wayne 
county, July 7th, 1837. Educated at Goldsboro. Married 
Miss Amelia A. Hamilton of Wayne county, from which 
union nine children were born. Four of which are dead. 
Held the office of County Surveyor of his county for two 
years, and that of Tax Collector eight years, Justice of the 
Peace one term ; Postmaster at Goldsboro for three years, 
which position he resigned when elected to the Legislature. 


73 


A member of the committee on Finance, State Debt, and 
Privileges and Elections. Republican in politics. In Mr. 
Smith is illustrated what a man can, by application, make 
of himself; for he had no education before he was 
twenty-one years of age, and could not write at the age of 
twenty-two, and since then he has obtained a fair education, 
worked hard and managed well, and is to-day living in 
easy circumstances. 





Wilkes County. 
J. Q. A. BRYAN, 


TRAP HILL,{N. C., 


Was born October 10th, 1833, at Trap Hill, N. C., son of 
Thomas Bryan, and was educated at Hillsville, Va. Was 
married to Martha A. Bryan, daughter of John Bryan, on 
January 12th, 1861; seven children have been born to 
them, six of whom are living. Served in the war three 
years in company H, 10th Regiment Tennessee U. S. Vol- 
unteers, Army of the Cumberland, and was wounded at 
Franklin, Tennessee. Was elected to the present Legislature 
asa Republican by four hundred and eighty-nine majority, 
and is now serving on committees on Joint Rules, and Prop- 
ositions and Grievances. 

He has held the office of Magistrate, Trustee of Trap Hill 
Seminary, delegate to all the Constitutional Conventions 
since the war. A representative in General Assemblys of 
1876 to 1883. Was Colonel, Major-General of Militia, and 
Lieutenant-Colonel of 1st North Carolina Reg’t, under Col. 
W. J. Clark; was Inspector General for North Carolina of 
the army of the Boysin Blue, and ranked as Colonel. He 
was also first Lieutenant, company H, 10th Regiment Ten- 
nessee U. 8. Volunteers, subsequently Captain of the same 
company ; was also appointed Assessor of Internal Revenue 
for the 6th District; also Division Deputy Collector Inter- 
nal Revenue 6th District, N. C. 





Wilson County. 
J. L. BAILEY, 
TOISNOT, N. C. 


Born June 23d, 1850, in Edgecombe county, N. C. The 
son of M. Burt Bailey, and educated in the common schools 


74 


of tne county. Married Miss Emma Braswell, daughter of 
C.S. Braswell, February 16th, 1881. A merchant and far- 
mer; Mayor of Toisnot for two terms, and is a member of 
committees on Propositions and Grievances, Railroads and 
Turnpikes, Insurance, Salaries and Fees, &c. A Democrat, 
and elected by 498 majority. 





Yadkin County. 
ALFRED E. HOLTON, 


YADKINVILLE, N, C. 


Born October 29th, 1852, in Iredell county, N. C., son of 
Rev. Q. Holton; attended school at Springfield High School, 
in Guilford county and several schools in the country; he 
is now serving his second term as a member of the House 
of Representatives. He obtained license to practice law 
at June term of Supreme Court in 1874. Republican in 
politics and is now serving as committeeman on Judiciary, 
Privileges and Elections, the Code, and Finance. He is an 
active worker for the good of his party, and though young 
he deserves credit for the successful manner in which he 
has worked himself up in life. 





Yancey County. 


JAMES A. BYRD, 


RAMSEYTOWN, N. C. 


Born November 18th, 1846, in Yancey couunty, N. C.,son 
of C. R. Byrd; was educated at Burnsville, Yancey county, 
N.C.; married Miss Mary V. Parsons, of Yancey county, 
March 2d, 1871; has three children. Is a Democrat and 
was elected by a majority of 115 votes, and is now serving 
on committees of Internal Improvements, State Debt, and 
Claims. Has been Treasurer of Yancey county four years, 
and Justice of the Peace eight years. 


OFFICERS OF THE GENERAL ASSEMBLY, 


eo 


see A I 


JAMES LOWRIE ROBINSON, President, 


FRANKLIN, MACON COUNTY, N. C., 


Was born in Franklin, Macon county, September 17th, 
1838. His father, James Robinson, came to North Carolina 
from Tennessee, was a merchant of note and character, and 
died in the village that was the birth place of his son, June, 
18438. His early training was only what the commongschools 
of his county and the village academy afforded, and a year 
at Emory and Henry College was added to his education by 
his own hard earned wages and the kind assistance of a 
friend and relative. When armed men sprang up in every 
hamlet of North Carolina, at the call of her authorities, he 
volunteered asa private foot soldier in Company H, 16th 
North Carolina troops, and became Quartermaster Sergeant 
in same regiment. At the re-organization he was elected 
Captain of the company of which he was a soldier and its 
triumphs became a part of his history. Wounded at the 
battle of Seven Pines, he led his men over the fields of 
Manassas when it was baptized with blood a second time. 
Participating in the engagement at Chantilly farm he was 
present at the terrible struggle that decided the Maryland 
campaign at Sharpsburg. When he had laid aside his 
sword and returned to peaceful vocations, his people recog- 
nized in him the deliberate courage and solid qualities of 
mind that are valuable in civil employments, and chose 
him to be their commoner in 1868. He was returned with- 
out opposition in 1870. No marks of confidence could have 
bestowed greater honor on him. He had been one of a bold 
and true minority that had withstood the seductions of a 
reckless and extravagant administration, and nad rendered 
success for the Democracy possible. When chosen a repre- 
sentative in 1872, he was almost by common consent ele- 
vated to the highest honor of the body of which he was a 
member, and when the Speaker’s baton was again tendered 
him in 1874,it came as a palm of merit that he had no 
right to put aside. The retribution in the history of North 


76 


Carolina came in 1876. The ruins were restored. The 
counties bearing names conspicuously North Carolinian, and 
composing his Senatorial District, called him to serve them 
in the Upper Chamber of the State’s councils. He came 
without opposition, and was chosen President of that dis- 
tinguished body. Long experience and great familiarity 
with the duties of a presiding officer over a deliberative 
body made it eminently fit that he be chosen to fill this 
high position. His conduct of the business of the Senate 
from the assembling of the Legislature until the qualifica- 
tion of Lieutenant-Governor Jarvis, added to his growing 
reputation as a legislator and parliamentarian. No man 
ever had more loyal constituents, and no people ever had a 
more faithful servant. His Senatorial services were en- 
dorsed by a re-election unsought, and to which no opposi- 
tion was offered. He was elected President of the Senate 
February 5th, and served in that capacity with great ac- 
ceptability to the whole Senate. 

He having been elected Lieutenant-Governor by a popu- 
lar vote of the State in 1880, was by virtue of that election 
President of the Senate for the session of 1881. His ser- 
vices as presiding officer then, ag well as during the present 
term, were impartial, prompt, and worthy this true son of 
Carolina. His value to the State is not limited to the proper 
government of the Senate, but his suggestions and ideas are 
many times put into bills or adopted by others. We will 
refer to only one instance of this kind—the plan of eight 
normal schools for the State originated with him, and was 
suggested to the Board of Education, and afterwards 
became a law, and stands to-day a lasting monument to his 
credit, and the credit of the Legislature which established it. 


ROBT M. FURMAN, Secretary, 


ASHEVILLE, N. C. 


He is a gentleman of fine personal appearance, affable 
manners, and possesses qualities of head and heart that win 
friends wherever he goes. He is a native of Franklin 
county, but for many years has been conducting the Citizen 
at Asheville. He was elected Secretary of the Senate for the 
session of 1876-77, and held that position continuously ever 
since, and a better officer could not be found in the State. 


77 


C. H. ARMFIELD, Engrossing Clerk, 
STATESVILLE, N. C., 
Was born February 7th, 1860, and is son of Hon. R. F. 
Armfield, now member of Congress. He received his edu- 
cation at Trinity College, and graduated in June, 1880. He 
studied law and obtained license to practice in June, 1881, 
and practices his profession at Statesville. 


W. H. BLEDSOE, Reading Clerk, 


RALHBIGH, N. C., 


Is a lawyer by profession, and practices at the bar of Raleigh 
and surrounding counties. 





W. V. CLIFTON, Sergeant at Arms, 
RALEIGH, N. C. 
Ts a native of Franklin county, was born in the year 1840. 
He served four years in the Confederate Service, and was in 
the prison at Point Lookout. After the war he served two 
years as Deputy Sheriff of Franklin county, since which 
time he has been living in Wake and engaged at farming. 
’ He was married in 1866, and has two children, one boy and 
one girl. 


D. McK. MATHESON, Assistant Door Keeper, 
TAYLORSVILLE, N. C. 

Born May 17th, 1842, in Iredell county. Hada common 
school education obtained principally at Taylorsville Acad- 
emy and at Elk Shoal Academy; has been a Magistrate 
since 1869; was County School Examiner in 1874-75; Tax 
Collector for Alexander county in 1877; Census Enumerator 
in 1880; County Superin’dent of Public Schools in 1881-2; 
and Assistant Doorkeeper of Senate 1881. Married January 
29th, 1874, Miss M. C. Miller, daughter of Thomas Miller. 
Mrs. Matheson died a few months after her marriage. Vol- 
unteered early in 1861, and was enlisted in company G, of 
the 38th regiment N. C. troops, under Col. Wm. F. Hoke, 
Pender’s brigade, and was wounded at Mechanicsville, Va., 
June 26th, 1862. 

PAGES: 


E. G. Clifton, Raleigh, N. C. 
Henry W. Miller, Raleigh, N. C. 
William Rosenthal, Raleigh, N. C. 
Sterling Manly, Raleigh, N. C. 
Marcus Erwin, Asheville, N. C. 








78 


House of Representatives. 
GEORGE M. ‘ROSE, Speaker, 


FAYETTEVILLE. N. C. 


Mr. Rose was born in Fayetteville, Cumberland county, 
in 1846. Entered Davidson College in 1861, and remained 
there two years, when he entered the Virginia Military In- 
stitute. Before he was seventeen years ‘of age, he joined 
the army, becoming Adjutant of the 66th North Carolina 
Troops, Col. A. D. Moore, Commanding, forming a part of 
Kirkland’s Brigade in Hoke’s Division. Capt. Rose served 
gallantly with that command until the end of the war. 
When peace was restored, he applied himself to-the com- 
pletion of his education, which had been interrupted by 
the call of duty to fight in defense of his country. He en- 
tered Chapel Hill in "1865, and graduated in 1867, deliver- 
ing the salutatory of his ‘class. Having chosen the law as 
his profession, Mr. Rose obtained his license at January 
term, 1868, and located at Fayetteville, where he soon laid 
the foundation of his present lucrative practice. His first 
public service was in the House of Representatives in 
1876-’77, when as a leading member of the Judiciary com- 
mittee, he gained a reputation for jadgment, discrimination 
and legal attainments. He was again elected to the House 
in 1880, and enhanced his reputation as a debater and a 
careful, prudent manager on the Democratic side of the 
House. He took a prominent part in the proceedings of 
the session He was Speaker, pro tem., of the House last 
session and discharged the duties of the Chair in the ab- 
sence of Speaker Cook with great acceptability. Mr. Rose 
has displayed marked executive ability during this session, 
and this, together with his ripe judgment, comprehensive 
intellect, natural gifts, universal courtesy, and moderation 
in his bearing, rendered him eminently fit for the responsi- 
ble end honored position he filled. 


JOHN D. CAMERON, Principal Clerk, 


ASHEVILLE, N. C. 


He is a native of Cumberland county; was educated at 
Chapel Hill, graduating in 1841. He lived for a long time 
in Orange county and conducted the Hillsboro Recorder, but 
is now connected with the Asheville Citizen. He has held 
the office of Principal Clerk of the House for six terms. 





79 


W. J. BARRETT, Engrossing Clerk, 


KINSTON, N.C, 


He was born in Gainsville, Ga. Major Barrett was a 
brave soldier during the war, and at the second battle of 
Manassas received a wound which will render him a cripple 
for life. Heisa very positive man and is never afraid to 
express an opinion, but bas many warm and true friends. 





JAMES MILTON BROWN, Enrolling Clerk, 
TROY, MONTGOMERY COUNTY, N.C. 


Born in the county of Randolph. Son of John Randolph 
Brown. Educated and graduated at Trinity College, class 
"75, first honors, and at Judge Pearson’s Law School, located 
in the county of Montgomery, in 1878, and began the prac- 
tice of law. Was elected Mayor of the town of Troy. Was 
forced to lead a forlorn hope for the sake of Democracy in 
the 26th Senatorial District; made a change of 350 votes 
in his own county, Montgomery, but was defeated by the 
large negro vote given in Richmond county. Has been 
chairman of the Democratic Executive committee ever since 
he has resided in the county. Mr. Brown is a young man, 
unmarried. [Marriageable young ladies will make a note 
of this. ] 


WILLIAM GRAY BURKHEAD, Reading Clerk, 


NEWTON, N. C. 


Born March 6th, 1856, at Chapel Hill, N. C., son of L. S. 
Burkhead, D. D.; educated at rinity College, N. C., and 
graduated June 10th, 1876. Married October 22d, 1879, to 
Miss Dixie Gayle, of Raleigh, N. C., daughter of Captain 
J.B. Gayle and is blessed with one child. A Democrat in 
polities ; an excellent officer and gives universal satisfaction 
as a reader. 





D. R. JULIAN, Principal Doorkeeper, 
SALISBURY, N. ©, 
Born June 5th, 1850, in Rowan county, son of William 
Julian. Educated in his native county; married Miss H. 
R. E. Culverhouse, daughter of Hugh Culverhouse, on 


80 
* 


April 24th, 1872, and is jubilant over four little Julians. 
Has held the office of City Treasurer of Salisbury and Com- 
issioner. 





J. P. NORTON, Assistant Doorkeeper, 
MARION, N. C. 
Mr. Norton was wounded at the battle of Seven Pines at 
which time he lost one leg. He has held the position he 
now has continuously since the session of 1874-75. 


PAGES. 


R. B, Allison, Statesville, N. C. 
John Julian, Salisbury, N. C. 
J.8. Higgs, Raleigh, N. C. 

C. C. Herby, Raleigh, N. C. 
Alfie H. Marsh, Raleigh, N. C. 
W. J. Newsom, Raleigh, N. C. 








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